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THE COMMISSIONER, TRADE TAX U.P. LUCKNOW versus S/S. MORADABAD SPINING AND WEAVING MILLS

High Court of Judicature at Allahabad

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The Commissioner, Trade Tax U.P. Lucknow v. S/S. Moradabad Spining And Weaving Mills - SALES/TRADE TAX REVISION No. 124 of 1996 [2004] RD-AH 1356 (8 November 2004)

 

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

COURT NO.55

TRADE TAX REVISION NO.124 OF 1996

The Commissioner, Trade Tax, U.P., Lucknow. ....Applicant

Versus

S/S Moradabad Spinning and Weaving Mills

Company Ltd., Moradabad. ....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 29.08.1995 relating to the assessment year 1971-72 under the Central Sales Tax Act.

The following question has been raised:

"Whether on the facts and in the circumstances of the case is learned Tribunal legally justified to allow the appeal of the assessee, while the seized documents and all other facts prove that the turnover has been evaded by the assessee and the assessee has made direct central sales from his Moradabad office and so he is liable to pay central sales tax?"

Perusal of the order shows that the tribunal has considered all the materials on record and recorded the categorical finding of fact. Question raised is concluded by finding of fact. No question of law is involved.

In the result, revision fails and is accordingly, dismissed.

Dt.08.11.2004

R./


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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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