1997 (4) TMI 491 - HC - VAT and Sales Tax

Summary

The High Court of Allahabad dismissed the revision petitions by the Commissioner, Trade Tax, U.P., Lucknow, challenging an order allowing a dealer to pay concessional tax rate for sales to U.P. State Sugar Corporation with form III-D declaration. The Tribunal held that the dealer cannot be subjected to normal tax rate if the form III-D was accepted in good faith. Previous cases supported this interpretation, stating that liability shifts to the purchasing dealer if a false declaration is made unless collusion is proven. The Court found no illegality in the Tribunal's decision and dismissed the petitions.