ASHWANI KUMAR MISHRA,J. - (1.) Heard Sri R.R. Agrawal, learned Senior Counsel assisted by Sri Suyash Agrawal appearing for the revisionist, and learned Standing Counsel for the respondent.
(2.) This revision by the assessee is directed against an order passed by the Tribunal, dated 13th December, 2010, passed in Second Appeal No.575 of 2002.
(3.) The dispute herein relates to assessment year 1997-98, and pertains to claim of stock transfer as well as interstate sale. The assessee claims that stock transfer to the extent of Rs. 1,39,76,58,073.05 was made to various branches of the assessee situated throughout the country. It appears that in respect of claim of substantial amount out of it Form-F was filed. An order of assessment was ultimately passed holding the assessee liable to payment of tax @ 15%, in respect of stocks not covered by Form-F. This order was challenged in appeal. During the pendency of appeal, 07 Form-F were received by the assessee and were filed along with an application under Section 12-B of the U.P. Trade Tax Act, 1948. The first appellate court remitted the matter to the assessing authority for verifying such facts. While the matter pursuant to remand was pending before the assessing authority, the revisionist received another Form-F No.390686 for a sum of Rs. 3,72,433.30. This Form, however, was not accepted by the assessing authority. Claim in respect of 07 Forms, which were remitted by the first appellate authority, however, was accepted. To the extent Form No.390686 was not accepted, the assessee filed an appeal, which was rejected, and ultimately the matter was taken to Tribunal. During pendency of second appeal before the Tribunal, the assessee received 03 further Form F, and filed it along with application under Section 12-B. The Tribunal vide order impugned has rejected the assessee's claim and, and all 04 forms i.e. one filed at the stage of re-assessment pursuant to remand and 03 filed at the stage of Tribunal were rejected. It further transpires that in respect of balance stock transfer amounting to Rs. 28,06,523.73, Form-F was not filed at all. In respect of such stock transfer, it was alleged that prior to the year 2002, filing of Form-F was not mandatory, and that supporting documents were filed before the Tribunal to accept claim of stock transfer. The assessee at the stage of Tribunal has also filed Form-C No.1438166 in respect of inter-state sale amounting to Rs. 2,48,603/-, which has not been accepted by the Tribunal. The claim of assessee in respect of waiver of interest payable under the Interest Waiver Scheme has also been rejected. On all four counts the assessee is aggrieved and has filed the present revision.;