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M/S DEEPAK ORNAMENTS, BASNAHI BAZAR, MIRZAPUR. versus COMMISSIONER TRADE TAX U.P. LUCKNOW

High Court of Judicature at Allahabad

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M/S Deepak Ornaments, Basnahi Bazar, Mirzapur. v. Commissioner Trade Tax U.P. Lucknow - SALES/TRADE TAX REVISION No. - 977 of 2007 [2007] RD-AH 14512 (27 August 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Court no.22

TRADE TAX REVISION NO. 977 of 2007.

M/S Deepak Ornaments, Basnahi Bazar, Mirzapur. Applicant

Versus

The Commissioner, Trade Tax, U.P. Lucknow. Opp.Party.

Hon'ble Rajes Kumar, J.

Present revision under Section 11 of U.P. Trade Tax Act (hereinafter referred to as "Act") is directed against the order of Tribunal dated 23rd May, 2007 relating to the assessment year, 1996-97 arising from the assessment proceeding.

Heard Sri Puneet Kumar Upadhyaya, Advocate holding brief of Sri N.C. Gupta, learned counsel for the applicant and Sri Nimai Das, learned Standing Counsel.

With the consent of both the parties, the present petition is being disposed of at the admission stage.

Learned counsel for the applicant submitted that the applicant was only carrying on the business of silver bullion and not in silver ornament, while the assessing authority has illegally estimated the turnover of silver ornament at Rs.3 lacs. He submitted that before the Tribunal in grounds of appeal, it has been specifically stated that the silver ornament have not been sold and the Tribunal has confirmed the order of the authorities below without adverting to the aforesaid submissions.

I find substance in the argument of the learned counsel for the applicant. In the assessment order also, in paragraph 2, it is mentioned that the applicant was carrying on the business of silver bullion and no material has been referred on the basis of which it could be inferred that the applicant was also carrying on the business of silver ornament. In ground no.6, the applicant has specifically challenged the estimate of turnover of silver ornament on the ground that no sale has been made during the year under consideration.

Perusal of the order of the Tribunal reveals that this aspect of the matter has not been considered by the Tribunal, therefore, the order of the Tribunal is vitiated and liable to be set aside.

In the result, revision is allowed. The order of the Tribunal dated 23rd May, 2007 is set aside and the matter is remanded back to the Tribunal to decide the Appeal no. 43 of 2001 for the assessment year, 1996-97 a fresh in the light of the observations made above.

Dated.27.08.2007.

VS.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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