COMMISSIONER, TRADE TAX Vs. P.K. AGRICULTURE INDUSTRIES
LAWS(ALL)-2007-5-401
HIGH COURT OF ALLAHABAD
Decided on May 09,2007

COMMISSIONER, TRADE TAX Appellant
VERSUS
P.K. Agriculture Industries Respondents

JUDGEMENT

Vikram Nath, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE dispute relates to the assessment year 1998 -99 (U. P.). The questions of law sought to be raised in this revision are as follows: (i) Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal is legally justified to hold the dealer non -taxable despite the adverse material available on record indicates otherwise? (ii) Whether the Tribunal has properly utilised the adverse material available on record? The dealer is involved in manufacturing and sale of agricultural implements for the assessment year in question. He had filed his returns and claimed there was no tax liability. The assessing officer disbelieved the returns and imposed tax liability of Rs. 40,000 by the order dated January 29, 2000.
(3.) AGGRIEVED by the same, the dealer filed appeal before the Deputy Commissioner (Appeals). The appeal was partly allowed and the Deputy Commissioner reduced the tax liability from Rs. 40,000 to Rs. 16,000 by the order dated March 9, 2000.;


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