9911796707
TMI Blog2010 (10) TMI 964X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 by which the Tribunal has imposed the penalty on the assessee for violation of the provisions of section 4B(5) of the U.P. Trade Tax Act, 1948 (hereinafter referred to as the Act ). The facts of the case are that the assessee was granted a recognition certificate under section 4B of the Act for manufacturing cycle and moped parts under the said recognition certificate. The assessee was entit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parts. The order of penalty was therefore, set aside. Being aggrieved by the order passed in the first appeal the Department went in second appeal and the Tribunal has allowed the second appeal of the Department and has upheld the order of penalty. I have heard learned counsel for the assessee and learned standing counsel for the State at length, and perused the material on record. Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he amount of such difference. Upon an examination of the section it becomes clear that the requirement of section is that a person who is granted a recognition certificate under section 4B should utilise the material of goods purchased by him under the said certificate for that purpose alone for which a recognition certificate has been granted. In this case the recognition certificate was gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the provisions of section 4B(5) of the Act for the use of material purchased against form IIIB for the manufacture of goods, if done on a job-work basis that is to say that this court had accepted that if the purpose remains the same intended in the recognition certificate then even manufacture on a job-work basis is acceptable. The learned standing counsel has argued that the requirement of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
