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M/S VED PRAKASH RAM KUMAR, MORGANJ, SAHARANPUR versus THE COMMISSIONER OF TRADE TAX, U.P. AT LUCKNOW

High Court of Judicature at Allahabad

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M/S Ved Prakash Ram Kumar, Morganj, Saharanpur v. The Commissioner Of Trade Tax, U.P. At Lucknow - SALES/TRADE TAX REVISION No. 1033 of 2006 [2006] RD-AH 17380 (9 October 2006)

 

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

By the impugned order, Tribunal has confirmed the penalty at Rs.28,000/- under section 15-A (1) (c) of the Act on the ground that the dealer was found suppressing the turnover.

Applicant was carrying on the business of broken rice claimed to have imported from outside the State of U.P. and after adding the profit and expenses paid the tax on the sales. On enquiry the STO (SIB) found in the original 9 R higher value have been shown than the carbon copy of the 9 R and on this basis, suppression has been worked out, the value shown in the original copy of the 9 R and carbon copy of 9 R are referred in the penalty order. On the basis of above suppression turn over has been enhanced and penalty has been levied.

Learned counsel for the applicant submitted that since the tax has been paid on the entire purchases of broken rice, the price shown in the 9 R was not relevant for the purposes of Trade Tax, therefore, the estimate of suppressed turnover was not justified. I do not find any substance in the argument of the learned counsel for the applicant. It is a patent case of suppression of turnover and disclosure of lesser price in the carbon copy of 9 R than the value shown in the original copy of 9 R. Thus, the levy of penalty under section 15-A (1) (c) of the Act is justified.

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

Dated.09.10.2006.

VS.1033/06


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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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