High Court of Judicature at Allahabad
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M/S. Krishna Pandey Thru' Its Proprietor Krishna Pandey v. The Commissioner Of Trade Tax, U.P. At Lkw. - SALES/TRADE TAX REVISION No. 24 of 2005  RD-AH 18548 (2 November 2006)
Hon'ble Rajes Kumar, J.
Supplementary affidavit filed today annexing the copy of the order of the Tribunal dated 03.05.2006 in Appeal no. 196 of 2002 for the assessment year 2000-01. On the basis of the evidence filed by the dealer, the Tribunal has accepted the plea of the dealer that the goods had gone outside the State of U. P. and accordingly, tax assessed on the ground that the Transit Pass had not been surrendered at the exit Check Post, has been deleted. For the same reasoning, a penalty under Section 15-A (1) (q) of the Act had also been levied which has been confirmed by the Tribunal by the impugned order. In view of the order of the Tribunal dated 03.05.2006, applicant has strong prima facie case.
List for hearing after six months.
Until further orders of this Court, the realization of disputed amount of penalty to the extent of Rs.6,61,200/- for the assessment year 2000-01 shall remain stayed provided the applicant furnishes security in the form other than cash or bank guarantee within one month. In the event of default, interim order shall stand vacated.
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