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The Commissioner Trade Tax, U.P. Lucknow Versus Prem Heavy Engineering Works Pvt. Ltd.

2016 (7) TMI 1019 - ALLAHABAD HIGH COURT

Whether on the facts and in the circumstances of the case, Trade Tax Tribunal was legally justified in granting relief to the dealer in the absence of the statutory Form-C as well as the Tribunal was justified in deleting the amount of interest levie .....

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Yashwant Varma, JJ. For the Applicant : Standing Counsel ORDER Despite service, none has appeared for the assessee. Accordingly, the Court proceeded to hear the case on merits. Heard Sri B.P. Pandey, learned standing counsel who appeared for the rev .....

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f the statutory Form-C as well as the Tribunal was justified in deleting the amount of interest levied on the dealer?" The issue itself arises in the backdrop of the assessment undertaken against the respondent assessee for the purposes of adjud .....

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al 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 e .....

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sales and yet benefit having been accorded to him by the Tribunal Learned standing counsel tried to point out that the issues involved in this case stand settled by the authoritative pronouncements of this Court as also of the Supreme Court. Insofar .....

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e said liability therefore attaches immediately upon it being found that the assessee has failed to pay tax. A Division Bench of this Court in Commissioner Trade Tax Vs. S/S. Control Switch Gears Company Ltd1 in para 29 observed as follows:- "Ap .....

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which is dependant upon furnishing of prescribed declaration form and a dealer fails to furnish the declaration from up to the time of assessment or thereafter in appeal, than the tax payable on such purchases/sales would be leviable at the normal ra .....

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ra), the question of mala fide does not arise and likewise in our considered opinion, there is no scope for applying the principles of legitimate expectation or hope or bona fide for avoiding the liability of payment of interest under section 8(1) of .....

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