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2017 (4) TMI 134 - HC - VAT and Sales TaxValidity of Form-III C (2), issued under the U.P. Trade Tax Act, 1948 - denial on the ground that such form is invalid by virtue of Rule 12-B(4) of the U.P. Trade Tax Rules, 1948 - Held that: - the form issued in an financial year would be valid for the transaction of sale or purchase, during financial year or transactions made during two financial years immediately preceding that financial year. Form-III C (2) is issued blank by the concerned tax authority with reference to a particular period. In the facts of the present case the registration of selling dealer existed for the period between 23.12.2006 to 31.12.2007. Such registration was granted in the year 2010. In case issuance of Form-III C (2) in the year 2010 is treated valid for the financial year 2010, then the very purpose and object of issuing registration and Form-III C (2) would be frustrated. Form-III C (2) as well as Rule 12-B(4) would have to be read harmoniously. The blank form issued after dealer's registration in 2010 for the period 23.12.2006 to 31.12.2007 would relate back to the financial year during which the registration itself existed and not on the date of its actual issue. Such interpretation would be reasonable as the selling dealer otherwise had no registration existing in the year 2010 and no form could be issued. In such circumstances, this Court is of the opinion that once Form-III C (2) has been issued by selling dealer pursuant to its registration allowed for a previous period 26.12.2016 to 31.3.2017, the issuance of Form-III C (2) would have to be treated during the year 2006-2007, and would be valid for the transactions of sale and purchase undertaken during 26.12.2006 to 31.3.2007 - revision disposed off.
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