B.K.NARAYANA, J. - (1.) HEARD Sri Bharat Ji Agrawal, senior advocate, assisted by Sri S.M.K. Chaudhari and Sri Piyush Agrawal, learned Counsel for the applicant and Sri Sanjeev Shankhdhar, learned Counsel for the opposite -party.
(2.) THE instant commercial tax revision has been filed by the applicant for setting aside/modifying the judgment and order dated January 12, 2009 passed by the Commercial Tax Tribunal, Lucknow in Second Appeal No. 3 of 2009 for the assessment year 2003 -04 arising out of penalty proceedings under Section 15A(1)(o) of the U.P. Trade Tax Act, hereinafter referred to as, 'the Act'. With the consent of the parties, the revision is being decided finally at the admission stage itself without calling for any counter -affidavit and without summoning the record.
(3.) BRIEF facts of the case as stated in the affidavit accompanying the stay application filed in the revision are that the applicant is a Government of India undertaking and is controlled by Ministry of Petroleum, Government of India. The applicant is carrying on the business of petroleum products throughout India. The applicant does not have any refinery in U.P., and it purchases petroleum product mostly from Mathura refinery and also gets goods by way of stock transfer from its branches situate outside the State of U.P.;