2002 (4) TMI 898 - HC - VAT and Sales Tax

Summary

Issues involved:
The judgment involves the interpretation of the U.P. Trade Tax Act, 1948 regarding the grant of exemption in a trade tax revision under sections 9 and 10 of the Act.

Summary:

Issue 1:
The applicant, a registered partnership firm, sought exemption in trade tax for the assessment year (1986-87) due to non-availability of form III-Ga(4) from certain parties. The assessing authority imposed tax liability for non-production of the form, leading to appeals before the Assistant Commissioner and the Trade Tax Tribunal.

Issue 2:
The applicant argued that despite the delayed availability of the required form after the Tribunal's order, the benefit of the form should be granted as they are regular tax payers. Reference was made to previous court decisions where benefits were allowed at subsequent stages.

Court's Decision:
Considering the circumstances, the High Court set aside the Tribunal's order and directed the acceptance of the form III-Ga(4) produced by the applicant. The Tribunal was instructed to expedite the decision within two months from the date of the order, with cooperation from the applicant. A certified copy of the order was to be provided to the applicant's counsel promptly.

This judgment highlights the importance of timely submission of required forms for tax exemptions under the U.P. Trade Tax Act, while also emphasizing the possibility of granting benefits at subsequent stages based on existing facts and circumstances.