M/S ANAND CONTROL SYSTEM PVT. LTD. Vs. COMMISSIONER TRADE TAX
LAWS(ALL)-2017-10-150
HIGH COURT OF ALLAHABAD
Decided on October 12,2017

M/S Anand Control System Pvt. Ltd. Appellant
VERSUS
COMMISSIONER TRADE TAX Respondents

JUDGEMENT

YASHWANT VARMA,J. - (1.) Heard learned counsel for the revisionist and the learned Standing Counsel for the State.
(2.) This revision emanates from a decision of the Tribunal dated 6 October 2006 which while partly granting relief to the assessee has proceeded to affirm the findings recorded by the First Appellate Authority. As is evident from the order of the Tribunal, It has proceeded to hold that the expenses incurred by the revisionist in the execution of the works contract with I.O.C. Hospital Services Construction Corporation were exigible to relief under Section 3F(2) of the 1948 Act. It has then proceeded to hold that a sum of Rs. 7,80,061/- is not eligible to be accorded any consideration for the purposes of computation of liability under the provision aforementioned. A bare perusal of the judgment rendered by the Tribunal establishes that it is not only bereft of reasoning but there has also been an abject failure to notice the relevant provisions of the law.
(3.) In view thereof the judgment is rendered unsustainable. Revision is allowed. The matter shall consequently stand remitted to the board of the Tribunal for a decision afresh.;


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