9911796707
TMI Blog2006 (7) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... irected against the order of Tribunal dated November 11, 1998 relating to the assessment year 1997-98 under the U.P. Trade Tax Act. Dealer/opposite party (hereinafter referred to as "the dealer") was carrying on the business of manufacture and sale of foodgrains, etc. With the view that the dealer was involved in evasion of tax, vide order, the assessing authority required the dealer to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed on March 6, 1998. Hence, the order of cancellation of registration has been held unjustified. Heard Sri B.K. Pandey, learned Standing Counsel. Despite the service of notice, no one appears on behalf of dealer/opposite party. Learned Standing Counsel submitted that section 8A(1B) provides that if the dealer failed to pay the tax, penalty or other dues within three months of the date, such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... either on the application of the dealer or on its own motion, where such authority is satisfied that the dealer to whom it was granted has ceased to carry on business or has ceased to be subject to registration or has failed to pay the tax, penalty or other dues within three months of the date such tax, penalty or other dues became payable or where for any other sufficient reasons such authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -furnishing of additional security, the assessing authority can cancel the registration. The view taken by the Tribunal that the registration could be cancelled only after expiry of three months is not sustainable and the order of Tribunal is accordingly liable to be set aside. The Tribunal is directed to decide the appeal afresh on merits. In the result, revision is allowed. The order of Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X
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