2014 (1) TMI 619 - HC - VAT and Sales Tax

Cancellation of eligibility certificate - Section 4A of the UPTT - Replacement of Directors - Held that - The Directors were replaced and new Board of Directors was constituted as per the Company Act as observed by the Tribunal. When it is so, then there is no reason to interfere with the impugned order passed by the Tribunal - Decided against Revenue.

Summary

Issues:
1. Revision filed by the Department under Section 11 of the U.P. Trade Tax Act, 1948 against the judgment and order of the Trade Tax Tribunal.
2. Cancellation of eligibility certificate due to replacement of Directors and change in business location.
3. Interpretation of the term "addition or extension of an existing factory" in the context of factory relocation.

Analysis:
1. The High Court addressed the revision filed by the Department under Section 11 of the U.P. Trade Tax Act, 1948 against the judgment and order of the Trade Tax Tribunal. The Tribunal had allowed the claim of the assessee, who had filed an appeal after the cancellation of their eligibility certificate due to the replacement of Directors and change in business location. The High Court referred to a previous case law to establish that mere shifting of a unit from one place to another does not constitute an addition or extension of an existing factory unless there is an increase in production capacity. The High Court upheld the Tribunal's decision, citing that the replacement of Directors and the formation of a new Board of Directors did not warrant interference with the Tribunal's order.

2. The case involved the cancellation of the eligibility certificate of the assessee due to the replacement of Directors and the change in the business location. The District Level Committee had canceled the certificate, leading the assessee to file an appeal before the Trade Tax Tribunal, which ruled in favor of the assessee. The Department then filed a revision challenging the Tribunal's decision. The High Court, after considering the arguments from both parties and examining the record, upheld the Tribunal's order, emphasizing that the replacement of Directors and the constitution of a new Board of Directors did not justify overturning the Tribunal's decision.

3. The High Court delved into the interpretation of the term "addition or extension of an existing factory" in the context of factory relocation. Citing a previous case law, the Court highlighted that for a relocation to constitute an addition or extension, there must be an increase in production capacity, and the mere shifting of a factory does not automatically qualify as an addition or extension. The Court emphasized that the replacement of Directors and the change in business location did not meet the criteria for considering it as an addition or extension of an existing factory. Consequently, the High Court dismissed the revision filed by the Department, affirming the Tribunal's decision in favor of the assessee.