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2019 (10) TMI 364 - HC - VAT and Sales TaxNon-application of mind - levy of Entry tax - Whether the Tribunal is correct in upholding the orders of the authorities below by not applying its mind regarding the plea of the liability of entry tax on the value of goods when it enters into the local area or on the market value on which the goods are sold? HELD THAT:- The relevant criteria to determine the value of goods had to be the wholesale value within the local area Ghaziabad. Inasmuch as the revenue and the appeal authorities have not made any effort to determine that value, the assessment order, as sustained by the Tribunal, is wholly erroneous - Further, in absence of any discussion as to the wholesale value of similar goods sold, inside the local area Ghaziabad, the matter has to be remitted back to the assessing authority. Thus, in view of the admitted fact that the goods had been brought into the local area by way of stock transfer, for the purposes of imposition of entry tax, the assessing authority should only take into account the wholesale value of similar goods/cement sold inside the local area Ghaziabad, at the relevant time. The actual sale value of the goods recorded by the assessee in its books of accounts had no relevance for that computation. The proceedings are remitted to the Tribunal to pass a fresh order in accordance with law - revision allowed by way of remand.
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