- (1.) The petitioner, a partnership firm registered under the provisions of the U.P. Trade Tax Act 1948, engaged in trading of hardware, marbles and sanitary-ware items at Renukoot, has filed the present writ petition challenging the order of authorization passed by the Additional Commissioner, Grade I, Commercial Tax, under section 21(2) of the U.P. Trade Tax Act for the assessment year 2006-07. The background facts may be noticed in brief: The petitioner sold certain items to M/s. Hindalco Industries Limited, Renukoot, who is holding recognition certificate under section 4B as per the provisions of the U.P. Trade Tax Act. The goods were sold at concessional rate of tax to M/s. Hindalco Industries Limited, who furnished form IIIB to the petitioner-dealer. During the assessment proceedings, the petitioner filed the said form in Kha No. 243653 for a sum of Rs. 58,47,828.84. The benefit of concessional rate of tax on the basis of said form was claimed and granted. Thereafter, proceedings under section 22, i.e., rectification proceedings was initiated on the ground that the aforesaid form IIIB was issued by the purchasing dealer for a transaction for a period beyond two years. In reply, the petitioner submitted that the said form is valid and there is no fault on the part of the petitioner. The said form IIIB was issued on January 24, 2009 to M/s. Hindalco by its A.O. and was valid for the assessment years 2007-08 and 2008-09.
(2.) The assessing officer by his order dated January 4, 2011 dropped the rectification proceedings on the finding that both selling dealer and purchasing dealer are registered dealers and the transaction in question is genuine. The Deputy Commissioner, Sector 3, Commercial Tax Department, Sonbhadra, has certified form IIIB. Subsequent to the above, the notice for reassessment was issued on the same ground under section 21(2) of the Act. The Additional Commissioner, Grade I, Commercial Tax, by the impugned order dated January 31, 2012 has granted permission to initiate the reassessment proceedings, hence, the present writ petition.
(3.) In reply, the respondent-Department came out with the case that the impugned order has been passed after considering the reply submitted by the petitioner as well as proposal sent by the assessing officer. The fact that the proceedings under section 22 were taken out and were ultimately, dropped has not been disputed. The genuineness of form IIIB has not been disputed. The only dispute raised is with regard to its validity.;