High Court of Judicature at Allahabad
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The Commissioner, Trade Tax, Lko. v. S/S Hans Enterprises, S.K, Road, Meerut - SALES/TRADE TAX REVISION No. 661 of 2000  RD-AH 2389 (13 February 2007)
Court no. 22
Trade Tax Revision no. 661 of 2000.
Commissioner of Trade Tax, U. P. Lucknow. ... Revisionist. Vs
S/S Hans Enterprises, Meerut. ... Opp. Party.
Hon'ble Rajes Kumar, J
Present revision under Section 11 of U. P. Trade Tax Act (hereinafter referred to as the ''Act') is directed against the order of the Tribunal dated 30.11.1999 relating to the assessment year 1993-94, by which, the Tribunal has deleted the demand of interest under Section 8 (1) of the Act.
Heard learned Standing Counsel.
Despite the service being made, no one appears on behalf of the Opposite Party/Dealer.
The brief facts of the case are that the Opposite Party/Dealer (hereinafter referred to as the "Dealer") was carrying on the business of Sport Shoes. Registration was granted for Sport Shoes. Dealer had admitted and deposited the tax @ 5% alongwith the return treating the Sport Shoes as the Sport goods. During the course of assessment proceedings, dealer was informed that the Sport Shoes were liable to tax under the entry 'All Kinds of Footwear" under the Notification no. ST-II-3096/11-9/(94)/91-U.P.-Act-15/48-Order-92 dated 31.7.1992 @ 7.5% inclusive surcharge. Thus, the dealer immediately deposited the differential amount of tax on 10.3.1996 before the assessment order. Tax was levied @ 7.5%.
So far as interest is concerned, dealer contended that under the bonafide belief that the Sport Shoes were liable to tax as Sport goods @ 5%, tax admitted and deposited @ 5% and thus, the tax assessed @ 7.5% cannot be said to be tax admitted payable and the interest under Section 8 (1) of the Act could not be demanded. Plea of the dealer was not accepted by the Assessing Authority as well by the First Appellate Authority. The Tribunal, however, accepted the plea of the dealer and held that at no stage, dealer had admitted liability of tax @ 7.5% and tax @ 5% was deposited under the bonafide belief as Sport goods. I do not find any reason to interfere with the order of the Tribunal, inasmuch as, on the facts and circumstances of the case finding of the Tribunal is the finding of fact.
In the result, revision fails and is, accordingly, dismissed.
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