Ashwani Kumar Mishra, J. - (1.) This revision is by the assessee challenging the order passed by the Tribunal dated 30.7.2007, whereby the Tribunal has given retrospective effect to the amended Section 6-A of the Central Sales Tax Act. The issue has subsequently been examined by the Apex Court in Ashok Leyland Ltd. v. State of Tamil Nadu and another, 2004 U.P.T.C. 475 . Hon'ble Apex Court has observed in para-76 that while enacting sub-section (2) of Section 6-A, the parliament did not intend to make the deeming provision conclusive of the transaction.
(2.) In such circumstances the Tribunal was required to have appreciated the evidence of transaction furnished by assessee on merits, and the transaction ought not to have been discarded merely due to absence of Form-F.
(3.) The question of law, posed for consideration in this revision is, therefore, answered in favour of the assessee, holding that the Tribunal was not justified in insisting upon the assessee to produce Form-F, and not to consider the genuineness of transaction, prior to amendment introduced in the year 2002. The assessing authority shall proceed, afresh, in accordance with law. Revision stands allowed accordingly.;