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2020 (1) TMI 556 - HC - VAT and Sales TaxLevy of purchase tax - sale of new papers purchased by the revisionists from unregistered dealers - Section 3-AAAA of the U.P. Trade Tax Act, 1948 - HELD THAT:- Perusal of Section 3-AAAA of the U.P. Trade Tax Act, 1948, clearly indicates that in case the revisionist satisfies the authorities that he is a dealer who resells such goods within the State or in the course of inter-State Trade or commerce or exports out of the territory of India, in the same form and condition in which he had purchased them. The person to whom goods have been sold shall be liable to pay tax on the said transaction and the revisionist would not have any liability to pay tax in light of the aforesaid provision. That before giving any benefit to this provision in the case of revisionist the Assessing Authority has come to a finding that the applicability of Section 3-AAAA and also to the fact that revisionist has sold the goods in the same form and condition in which he has purchased them. This specification can be arrived only after reappreciating the facts, the very fact that Tribunal has considered the provisions of Section 3-AAAA, but have not considered the correct import and effect of the said statutory provisions. The present revision deserves to be remanded to the Tribunal for fresh consideration only with regard to the applicability of Proviso III to Section 3-AAAA. Appeal allowed by way of remand.
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