2015 (9) TMI 253 - HC - VAT and Sales Tax

Transfer of books or Inter-state sale - Tribunal in impugned order found that assessment was completed for relevant assessment years when, Assessing Authority was satisfied that there were book transfers In notice under Section 21, it was opined that those were not book transfers, but were inter-State sales attracting central sales tax Held that - It was not held out in notice that altered opinion is based on some other relevant document or material, which escaped notice at time of assessment Also that there has been wrong calculation due to bona fide human error or due to ignorance of correct and complete facts Tribunal noticed that these were parameters earmarked in case of Vikrant Tyres Limited vs. State of U.P. 2005 (3) TMI 729 - ALLAHABAD HIGH COURT Tribunal also noticed that, before issuance of notice, there was no material on record, on basis of which, belief required to be formed for issuance of notice could be formed Therefore Tribunal did not commit any error Decided against Revenue.

Summary

The High Court of Uttarakhand dismissed the revision petition challenging a notice issued under Section 21 of the Trade Tax Act. The Tribunal found that the notice lacked sufficient grounds for altering the assessment, as it did not present new evidence or reasons for the change in opinion. The Tribunal's decision was upheld, and the revision petition was dismissed.