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THE COMMISSIONER, TRADE TAX UP LKO. versus S/S VISHAL TRADERS, BANS GODAM ALIGA

High Court of Judicature at Allahabad

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The Commissioner, Trade Tax Up Lko. v. S/S Vishal Traders, Bans Godam Aliga - SALES/TRADE TAX REVISION No. 401 of 1997 [2005] RD-AH 799 (18 March 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

RESERVED

TRADE TAX REVISION NO.401 OF 1997

AND

TRADE TAX REVISION NO.402 OF 1997

AND

TRADE TAX REVISION NO.419 OF 1997

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

Versus

S/S Vishal Traders, Bas Godam, Aligarh.                    .Opp.party

...............

Hon'ble Rajes Kumar, J.

Present three revisions under Section 11 of U.P. Trade Tax Act (hereinafter referred to as "Act") are directed against the order of Tribunal dated 10th September, 1996 relating to the assessment years, 1988-89, 1989-90 and 1990-91.

In all the three revisions, dispute relates to the rate of tax on the savei rope. Claim of the dealer was that it was liable to tax under the entry of "Jute and hemps goods" and, accordingly, admittedly the liability of tax at the rate of 6.6 percent for the assessment year 1988-89. Assessing authority accepted the claim of the dealer and levied the tax in the assessment order passed under section 7 read with Rule 41 at the rate of 6.6 percent. Subsequently, with the view that it was liable to tax as an unclassified item at the rate of 8.8 percent, tax has been levied under section 22 of the Act. For the assessment year, 1989-90 also in the original assessment proceeding, claim of the dealer has been accepted and tax at the rate of 6.6 percent was levied. However, with the view that it was liable to tax as an unclassified item an order under section 21 was passed and tax at the rate of 8.8 percent was levied. However, for the assessment year, 1990-91, in the original assessment proceeding, assessing authority has not accepted the claim of the dealer and levied the tax treating Savai rope as an unclassified item. Matter went to the Tribunal. In second appeal, Tribunal held that savei rope is a badh and it is also known as Kash badh in Orissa. Tribunal held that there is no difference in savei badh, badh and kash badh so far as product is concerned and only name is different and, accordingly, held that they are liable to tax under the entry of "Jute and hemps goods" at the rate of 6.6 percent and, accordingly excess tax levied has been deleted.

Heard learned Standing Counsel.

I do not find any error in the order of the Tribunal. Tribunal on the basis of the report given by the Assistant Commissioner, check post, Sales Tax, Varanasi dated 15th May, 1993 held that savei badh, badh and kash badh are the names of same product, therefore, savei rope falls under the entry of "Jute and hemps goods". Order of the Tribunal is, accordingly, upheld. There is no merit in the present revisions.

In the result, all the three revisions fail and are accordingly, dismissed.

Dated.18.03.2005

VS.


Copyright

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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