High Court of Judicature at Allahabad
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Gorakhpur Aluminium Pvt.Ltd. v. Commissioner Trade Tax Up - SALES/TRADE TAX REVISION No. 147 of 1996  RD-AH 508 (11 August 2004)
TRADE TAX REVISION NO.147 OF 1996
Gorakhur Aluminum Private Limited,
Industrial Estate, Gorakhpur. ....Applicant
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 19.12.1995 relating to the assessment year 1988-89.
Claim of the applicant was that as against the old aluminum utensils (Scrap) new aluminum utensils have been exchanged without any consideration. It is claimed that the transaction was in the nature of barter and therefore, the value of the new aluminum utensils should not be liable to tax. Tribunal has accepted the claim of the applicant in part. 50% of the transactions have been treated as barter transactions and the claim of the rest of the transactions have been rejected. Tribunal held that the applicant had not maintained the manufacturing account in accordance to section 12 (2) of the Act and on 15.07.1988 goods was seized and in pursuance of the seizure, penalty levied under section 13-A (4) has been has been confirmed and on survey dated 01.08.1988 difference in the stock was found. On the aforesaid ground, Tribunal upheld the rejection of books of account and while estimating the turn over benefit to the extent of 50% of the claim of barter transactions have been allowed. Estimate made by Tribunal is question of fact. No question of law is involved in the present revision.
Revision fails and is accordingly, dismissed.
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