TMI Blog2016 (7) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... aler? - Held that:- the finding of the Tribunal on the aforementioned aspects cannot be sustained. - Order of tribunal set aside - Decided in favor of Revenue. - Sales/Trade Tax Revision No. - 2650 of 2005 - - - Dated:- 12-7-2016 - Hon'ble Yashwant Varma, JJ. For the Applicant : Standing Counsel ORDER Despite service, none has appeared for the assessee. Accordingly, the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... standing counsel, the following two issues need notice:- (a) The Tribunal has proceed to hold that the respondent-assessee would not be subjected to interest under Section 8 (1) of the U.P. Trade Tax Act 1948 in light of the fact that it was a bona fide transaction and that even otherwise the assessee had been able to establish that the inter-state sale had been effected in favour of a register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Bench of this Court in Commissioner Trade Tax Vs. S/S. Control Switch Gears Company Ltd1 in para 29 observed as follows:- Applying the principles laid down by the Apex Court in the aforesaid cases and by the Division Bench of this Court in the case of M/s. Annapurna Biscuit Co. (Supra), we are of the considered opinion that in a case where concession/exemption is claimed which is dependant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Bench of this Court in the case of M/s. Annapurna Biscuit Co. (Supra) with which we are in respectful agreement with the view taken by it in so far as the levy of interest on account of non-furnishing of a declaration form is concerned. Insofar as the second aspect of the matter is concerned, the Supreme Court in Phool Chand Gupta Vs. State of Andhra Pradesh2 has clearly held that the the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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