Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2023 (6) TMI 1099

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ry, AOR(N.P.) For the Respondent : Mr. Bhakti Vardhan Singh, AOR ORDER There is no appearance on behalf of the appellant. The question which arises for this Court's consideration is whether PVC coated cotton fabrics are exempted from U.P. Trade Tax Act. On 5th June, 1985, amendments were carried out to the Schedule to the said Act. The concerned entry, which was sought to be relied upon by .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Han printed, dyed or embroidered fabrics, and dhotis, sarees, bed-sheets, counterpanes, table cloth, handkerchieves, towels, scarfs, napkins and dusters made out of fabrics of any* of the varieties mentioned in sub-clauses (a), (b) or (c) above. (ii) cotton valvets and velveteen but excluding embroidered velvets; (iii) hosiery cloth in length; (iv) book-binding cotton fabrics and leather .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... U.P. Lucknow vs. M/s Laxmi Leather Cloth Industries, Noida, decided on 09.10.2007). In that decision the High Court noted the previous Entry in the Schedule to the Trade Tax Act and rejected the appellant's contention. The reasoning of the High Court in the previous decision is to the following effect: "In the case of dealer itself, Commissioner, Sales Tax, U.P., Lucknow Vs. S/S Laxmi Leather Cl .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... /85- U.P. Act 15/48-0rder-85, dated 5.6.1985 and notification No. ST-II-3-3/X-89-7 (5)-88- U.P. Act-XV/48-0rder-89, dated 1.02.1989. In my opinion, after exclusion of PVC fabric from textile under the notification No. ST-II-3714/X-6 (1)/85-U.P. Act 15/48-Order-85, dated 05.06.1985 PVC fabric is not exempted." The appellant had in this case relied upon the circumstance that this Court had ente .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates