Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2008 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (7) TMI 934 - ALLAHABAD HIGH COURTWhether the honourable Trade Tax Tribunal is legally justified in reducing the turnover and rate of tax on electric wire made of copper and aluminium whereas the assessing authority has assessed the turnover on the basis of evasion detected on the survey dated November 25, 1983 and imposed the tax at the rate of 12 per cent as the dealer has manufactured the electric wire made of aluminium and copper? Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal has properly utilized the material available on record? Held that:- In the present case the learned standing counsel could not point out any illegality or perversity in the finding of the Tribunal reducing the estimated turnover. In this view of the matter, no justification to interfere with the order of the Tribunal estimating the suppressed taxable turnover. Sufficient force in the argument of the learned standing counsel that the commodity in question was liable to be taxed as unclassified item as was taxed by the assessing officer and not under the aforestated notification at the rate of four per cent. Aluminium and copper wires are not included in "metal" and thus are liable to be taxed as unclassified item. In the result, the revision succeeds and is allowed in part. Question No.1 so far as it relates to rate of tax at the rate of four per cent on the aluminium and copper wires is concerned, is answered in favour of the Department by holding that the said commodities were taxable at the rate of 12 per cent. So far as the remaining part of question No. 1 is concerned find no force in the revision.
|