9911796707
TMI Blog2011 (4) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... action of the assessing authority. It is further provided that in case demanded amount as per assessment orders has been deposited by the revisionists, the same shall not be adjusted against any other outstanding dues/demand, if any. Trade tax revisions are partly allowed - Trade Tax Revision Nos. 99, Trade Tax Revision Nos. 100 of 2011 - - - Dated:- 27-4-2011 - RAJIV SHARMA J. Bharat Ji Agrawal, Senior Advocate assisted by Rahul Srivastava and Rahul Agarwal for the petitioner Sanjay Sarin, Standing Counsel, for the respondent JUDGMENT Heard Mr. Bharat Ji Agrawal, senior advocate assisted by Mr. Rahul Srivastava, learned counsel for the revisionist and Mr. Sanjay Sarin, learned standing counsel. By means of these re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within the time stipulated in rule 12(7) of the Central Sales Tax (Registration and Turnover) Rules, 1957. Looking into this practical aspect, the Commissioner of Trade Tax vide circular No. 873, dated August 26, 2000 and circular dated November 25, 2009 has specifically provided the assessing authorities concerned to extend the time for filing forms if there are reasonable grounds for failure to file them within the stipulated time. As the revisionist had not received various forms C from its outside State purchasers and forms F from its branch offices/consignment agents within time of three months as contemplated in rule 12(7) of the Rules and as such, was unable to submit them within time to the assessing authority in terms of rule 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment order. Against the said levy, the revisionist had admitted a tax liability of ₹ 6,22,40,700 which already stood paid for the period January to March, 2008. The learned counsel for the revisionist submits that the said demand has been created solely due to the non-acceptance of forms C and F and proof of export by the revisionist without considering the application dated January 12, 2011 for exercising powers under the proviso of rule 12(7) of the Rules by the assessing authority to extend the time for furnishing of forms. Being aggrieved, the revisionist filed an appeal and the Additional Commissioner (Appeals), by the order dated February 28, 2011, granted stay of 50 per cent of the disputed amount of tax. As the revisionist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, the impugned order passed by the Tribunal dated April 19, 2011 is modified to the extent that if the revisionist deposits 10 per cent of the total demanded tax for the assessment year 2005-06 latest by May 15, 2011, 90 per cent of the demanded tax shall be kept in abeyance till disposal of appeal. The revisionist shall furnish security of the stayed amount within 30 days to the satisfaction of the assessing authority. It is further provided that in case demanded amount as per assessment orders has been deposited by the revisionists, the same shall not be adjusted against any other outstanding dues/demand, if any. In view of the above, the trade tax revisions are partly allowed. The first appellate authority is directed to deci ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
