9911796707
TMI Blog2013 (6) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 21 of the Trade Tax Act (in short 'Act')and an additional demand of Rs. 11,24,218 along with interest thereon was raised on the ground that the assessee was not entitle to concessional rate of tax on the material supplied to the U.P. Power Corporation Ltd. for the reason that there was no contract between the two for supply of the steel structure. The revised assessment was upheld in appeal as well as in second appeal by the tribunal. The order of the tribunal dated 29.5.2007 has been impugned in the present revision and the following question of law has been raised: Whether existence of a contract between the assessee and the Government Department or a Corporation is essential for granting a concession rate of tax un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amended on 4.6.2003 and it was provided that in the agreement referred to above, wherever the words M/s. Triveni Structurals Ltd. Naini, Allahabad are appearing that would be read as M/s. Triveni Structurals Ltd., Naini, Allahabad/M/s. Sangam Structurals Ltd. Naini, meaning thereby the assessee was added in the said agreement as an collaborator along with M/s. Triveni Structurals Ltd. Naini, Allahabad. Thus, on the face of the above agreement and the amendment carried out therein which is not in dispute the assessee was authorised to supply the fabricated and galvanized steel structures to the U.P. Power Corporation Ltd. Accordingly, supplies were made and Forms III-D were issued by the U.P. Power Corporation Ltd. covering the supply so m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... steel structures to the Corporation and has produced From III-D from the the Corporation covering the said transactions. There is no requirement of production of any agreement relating to the supply of any material by the assessee to the Coporation. In view of the aforesaid facts and circumstances, the authorities below exceeded their jurisdiction in refusing concessional rate of tax to the assessee for the reason that there was no contract of supply between the U.P. Power Corporation Ltd. and the assessee. Accordingly, the question framed above is answered in favour of the assessee and against the revenue and it is held that for availing the benefit of concessional rate of tax under Section 3-D of the Act there is no requirement to produc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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