- (1.) The present revisions under Section 11 of the U.P. Trade Tax Act (hereinafter referred to as the 'Act') arise from the order of the Tribunal dated 13.10.2006 for the assessment years 1996-97, 1997-98 (second part), 1998-99 and 1999-2000 by which the Tribunal has confirmed the order of the assessing authority refusing to allow the interest under Section 29(2) of the Act.
(2.) For the aforesaid assessment years, the Tribunal by order 27.7.2004 allowed the appeals of the applicant and remanded back the cases to the assessing officer for passing afresh assessment orders. It is claimed that the copy of the order dated 27.7.2004 passed by the Tribunal had been served upon the assessing authority on 17.8.2004. In pursuance of the aforesaid order of the Tribunal, fresh assessment orders had been passed on 12.4.2005 which were served upon the applicant on 14.5.2005. As per fresh notices of demand, the tax assessed were liable to be paid by 13.6.2005.
(3.) The applicant moved applications on 28.3.2005 for the refund of the amount which was paid in pursuance of the assessment orders towards disputed tax, during the pendency of appeals against the said assessment orders which according to the applicant, in all the four years, was about Rs. 62,00,000/- since the amount could not be refunded within the time specified in Section 29(2) the applicant also demanded interest. The assessing authority vide order dated 14.6.2005 rejected the claim of refund and interest. The applicant filed the appeals before the Joint Commissioner (Appeal), Trade Tax, Meerut which were dismissed vide order dated 14.10.2005.;