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M/S Oswal Agro Mills Ltd., Moradabad v. The Commissioner Trade Tax, U.P. Lko. And Another - WRIT TAX No. - 1017 of 2001  RD-AH 17124 (30 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Writ Petition (Tax) No. 1017 of 2001
Hon'ble Sushil Harkauli, J.
Hon'ble Rakesh Sharma, J.
Learned standing counsel submits that the consequence of the notification dated 10.12.2004 has the effect of reversing the circular dated 15.2.2001, and now the law is that for adjusting the assessed tax against the monitory limit of exemption, all concessions or concessional rates of tax have to be allowed while making the assessment of tax which is to be adjusted against the monitory limit. He also submits that this will have the necessary consequence of withdrawal of the notices which have been issued to the petitioner by which the department sought to reopen the assessment on the ground that the assessment, for the purpose of adjustment against the monitory limit, was required to be made without giving benefits of the concessions and concessional rates of tax against various forms or in respect of sales to various government departments.
In view of this statement, we need not proceed with the adjudication of the writ petition, which has become infructuous and is accordingly dismissed.
In case, the notices are not withdrawn, it will be open to the petitioner to file a fresh writ petition.
Dated : October 30, 2007
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