TMI Blog2011 (3) TMI 1536X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfaction of the assessing authority. It is further provided that the deposited amount shall not be adjusted against any other head. Trade tax revision is partly allowed - Trade Tax Revision No. 57 of 2011 - - - Dated:- 8-3-2011 - RAJIV SHARMA J. Bharat Ji Agrawal, Senior Advocate assisted by Rahul Agarwal and Rahul Srivastava for the petitioner Sanjay Sarin, Standing Counsel, for the respondent JUDGMENT Heard Mr. Bharat Ji Agrawal, senior advocate assisted by Mr. Rahul Agarwal, learned counsel for the revisionist and Mr. Sanjay Sarin, learned standing counsel. Brief facts of the revisionist's case are that the revisionist is a public limited company incorporated under the Indian Companies Act having its reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng forms if there are reasonable grounds for failure to file them within time. As the revisionist had not received various forms C from its outside State purchases and forms F from its branch offices/consignment agents within time of three months as contemplated in rule 12(7) of the Rules. Owing to non-supply of these forms to the revisionist, the revisionist was unable to submit them within time to the assessing authority in terms of rule 12(7) as stated above. For the assessment year 2007-08 (Central), an assessment order was passed on January 28, 2011. During the period under review, the revisionist made stock transfer/consignment sales outside the State of U.P. The revisionist also transferred goods to its Engineering Research Centre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 002] UPTC 634, this court has specifically held that statutory forms can be filed in appeal also which could not be furnished before the assessing authority and accordingly, the matter was remanded for reassessment after accepting the said forms. The assessing authority also rejected the request of the revisionist to submit the proof of export in respect of the sales made by the revisionist outside India to the countries of Nepal and Bangladesh and deemed them to be local sales. Accordingly, the assessing authority imposed a tax of ₹ 67,03,06,682 on the revisionist in his assessment order. Against the said levy, the revisionist had admitted a tax liability of ₹ 6,22,40,700 which already stood paid for the period January to March ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no illegality or infirmity in the impugned order, as the revisionist has not submitted the required forms well within the time. Considering the peculiar facts and circumstances of the case, the impugned order passed by the Tribunal dated March 4, 2011, is modified to the extent that if the revisionist deposits 10 per cent of the total demanded tax for the assessment year 2007-08 latest by March 31, 2011, ninety percent of the demanded tax shall be kept in abeyance till disposal of appeal. The revisionist shall furnish security of the stayed amount within 30 days to the satisfaction of the assessing authority. It is further provided that the deposited amount shall not be adjusted against any other head. In view of the above, the trade ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
