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THE COMMISSINER, TRADE TAX, UP, LUCKNOW versus S/S BHOLA BHANDAR GALLA VYAPARI, ORAI BRANCH AT JALAUN

High Court of Judicature at Allahabad

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The Commissiner, Trade Tax, Up, Lucknow v. S/S Bhola Bhandar Galla Vyapari, Orai Branch At Jalaun - SALES/TRADE TAX REVISION No. 681 of 2001 [2007] RD-AH 5402 (26 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rajes Kumar, J.

Heard learned Standing Counsel.

By the impugned order, the Tribunal has confirmed the order of the First Appellate Authority deleting the penalty levied under Section 13-A (4) of the Act.  Both the Appellate Authorities found that the goods were found entered in the books of account. Perusal of order under Section 13-A (4) of the Act reveals that at the time of inspection, Challan, Builty, 9-R and Mandi Gate Pass  were found.  There is no allegation that these documents were non genuine.  In this view of the matter, I do not find any error in the order of the Tribunal.  Finding of the Tribunal is the finding of fact.  No question of law is involved in the present revision.

In the result, all the five revision nos. 681, 687, 689, 692 and 694 of 2001 fail, and are, accordingly, dismissed.

Dt:26.3.2007.

MZ/681/01.


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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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