9911796707
TMI Blog1994 (3) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... une 5, 1991, annexure P-6. The petitioner also challenged the orders dated January 22, 1991, annexures P-8 and P-9 passed by the sales tax authorities, imposing penalty. Certain other reliefs were also claimed. Petition was opposed by the respondents by filing written statement. During the course of arguments, learned counsel for the petitioner placed on record a copy of the notification dated D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that the goods manufactured by the dealer did not qualify for exemption in view of item 43 of annexure II appended to the Rules ibid. This position has now ceased to exist in view of the notification referred to above. In the circumstances, order annexure P-6 has to be quashed. Order passed in appeal taken against order annexure P-6 has also to be quashed. In the presence of the notification, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essary consequence of the above, order of penalty under section 10(6) of the Punjab General Sales Tax Act, 1948, annexure P-8 and the order passed in appeal which may have been taken against the order annexure P-8 have also to be quashed and the same are hereby quashed, leaving it open to the authorities to proceed afresh according to law after the passing of the order by the Assistant Excise and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal taken by the petitioner against the order, annexure P-9 was dismissed by the one word "dismissed". The matter is further pending before the Sales Tax Tribunal. Since the appeal was not disposed of on merits, the order passed in appeal is set aside with the direction to the appellate authority to re-admit the appeal and dispose of the same according to law by passing a speaking order and aft ..... X X X X Extracts X X X X X X X X Extracts X X X X
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