TMI Blog2011 (7) TMI 1056X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 29A of the Act, which is made applicable under the Central Sales Tax Act. On the facts and circumstances, the assessing authority is directed to refund the amount which is in excess of the tax due. Revision dismissed. - Trade Tax Revision Nos. 1252, Trade Tax Revision Nos. 1253 of 2003 - - - Dated:- 7-7-2011 - RAJES KUMAR J. K. Saksena for the petitioner B.K. Pandey, Standing Counsel, for the respondent JUDGMENT These are two revisions under section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as the Act ) are directed against the order of the Tribunal dated June 11, 2003 for the assessment years 1994-95 and 1995-96 both under the Central Sales Tax Act, 1956. Heard Sri K. Saksena, learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant further filed two appeals before the Tribunal. The Tribunal by the impugned order, has dismissed both the appeals. The case of the applicant was that it had not realised any amount from its customers and, therefore, the provisions of section 29A of the Act does not apply. It is further contended that the tax has been paid on the turnover determined under the statutory formula contemplated under section 8A of the Central Act and merely because the tax payable was deducted from the amount realised from the customers towards the sale consideration to arrive to the net turnover, it cannot be presumed that the tax had been realised. The Tribunal has held that the applicant had not paid the tax on the turnover determined as per the formula g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the parties, I have perused the order of the Tribunal and the rival submissions. Section 8A of the Central Sales Tax Act and section 29A of the Act reads as follows: Section 8A of the Central Sales Tax Act: 8A. Determination of turnover. (1) In determining the turnover of a dealer for the purposes of this Act, the following deductions shall be made from the aggregate of the sale prices, namely: (a) the amount arrived at by applying the following formula rate of tax x aggregate of sale prices ------------------------------------------ 100 + rate of tax Provided that no deduction on the basis of the above formula shall be made if the amount by way of tax collected by a registered dealer, in accordance with the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n such manner and within such period as may be prescribed. (2) Any amount deposited by any dealer under sub-section (1) shall, to the extent it is not due as tax, be held by the State Government in trust for the person from whom it was realised by the dealer, or for his legal representatives, and the deposit shall discharge such dealer of the liability in respect thereof to the extent of the deposit. (3) Where any amount is deposited by any dealer under subsection (1), such amount or any part thereof shall, on a claim being made in that behalf be refunded in the manner prescribed, to the person from whom such dealer had actually realised such amount or part, or to his legal representative and to no other person: Provided that no su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught in this regard by the first appellate authority from the assessing authority. The assessing authority after examination of the bills has categorically reported that no amount has been charged to tax in the bills separately. According to the applicant only two per cent tax has been taken as a rate of tax for the determination of net turnover under the formula as provided under section 8A(1) of the Central Act. Therefore, if presumption may be drawn that any tax has been realised, the same can be liable two per cent and not four per cent by any stretch of imagination. Though such presumption may be doubtful in the facts and circumstances of the case. Section 29A of the Act provides that the amount realised in contravention of the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
