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BHARAT SANCHAR NIGAM LTD versus COMMISSIONER, TRADE TAX, U.P., LUCKNOW

High Court of Judicature at Allahabad

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Bharat Sanchar Nigam Ltd v. Commissioner, Trade Tax, U.P., Lucknow - SALES/TRADE TAX REVISION No. 2119 of 2005 [2005] RD-AH 4765 (25 October 2005)

 

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.2119 OF 2005

Bharat Sanchar Nigam Limited. ....Applicant

Versus

Commissioner, Trade Tax, U.P., Lucknow. ....Opp. Party

***************

Hon'ble Rajes Kumar, J.

Tribunal has decided the appeal against the applicant treating the applicant as a "dealer" and treated telecom services as deemed to sale under "Transfer of right to use the goods" following the judgment of Apex Court in the case of State of U.P. and others Vs. Union of India and others, reported in 130 STC.

Learned counsel for the applicant contended that a review application against the aforesaid order has been admitted and the matter has been referred to a larger bench treating the issue involved as important question of law. This fact is not in dispute. It is further submitted that the Apex Court has stayed the recovery proceeding in similar matter vide order dated 16.12.2003 which is referred in the revision petition.

In view of the aforesaid circumstances, until further orders, the realisation of disputed amount of tax for assessment year 2001-02 shall remain stayed.

Dt.25.10.2005

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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