SEAGRAM MANUFACTURING PVT. LTD. Vs. COMMISSIONER OF COMMERCIAL TAXES, U. P., LUCKNOW
LAWS(ALL)-2010-3-290
HIGH COURT OF ALLAHABAD
Decided on March 19,2010

Seagram Manufacturing Pvt. Ltd. Appellant
VERSUS
Commissioner Of Commercial Taxes, U. P., Lucknow Respondents

JUDGEMENT

- (1.) This revision has been filed by the assessee being aggrieved by the reassessment proceedings initiated by the respondents for the assessment year 2002-03 under the proceedings of section 21 of the U. P. Trade Tax Act, 1948 read with section 9(2) of the Central Sales Tax Act.
(2.) The facts of the case are that the assessee is engaged in the business of manufacture and sale of Indian-made Foreign Liquor (IMFL) and has a unit at Daurala, its registered office is at Delhi. The assessee has various depots in the States of Maharashtra, Haryana, Punjab, Chandigarh, etc. The assessee makes stock transfers of the IMFL manufactured at U. P. at its Daurala unit to other States. The depots of the assessee are also registered in the various States and file their returns regularly over there.
(3.) For the assessment year 2002-03 an assessment order was passed on December 31, 2003 accepting the books of account of the applicant under the U. P. Trade Tax Act as well as Central Sales Tax Act. The assessee claimed exemptions in respect of stock transfers of a value of Rs. 63,26,28,594. The assessee was given time up to December 30, 2004 to furnish form F in respect of stock transfers of the above amount. The assessment reached up to the final stages and the Trade Tax Tribunal passed an order on March 10, 2006 by which it remanded the case to the assessing authority for verification of the forms F which have been filed by the assessee of the value of Rs. 63,26,28,594.;


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