9911796707
TMI Blog2019 (9) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... s been shown for not depositing the tax within the prescribed time. The order of the Commercial Tax Tribunal dated 25.05.2005 in this regard is therefore, set-aside. Revision allowed. - Trade Tax Revision No. - 53 of 2005 - - - Dated:- 29-8-2019 - Alok Mathur, J. For the Revisionist : Sudeep Kumar,Sudeep Kumar For the Opposite Party : C.S.C. ORDER Alok Mathur, J. Heard Sri Sudeep Kumar, counsel for the revisionist as well as Sri Sanjay Sareen, learned counsel for the Revenue. The revisionist is a Public Limited Company engaged in the business of Sale and Manufacture of white crystal sugar, manufactured through va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding that the amount of entry tax was rightly collected by the Revenue, it was duly paid to the revisionist with some delay. That from the perusal of the record it is clear that the revisionist has voluntarily deposited an amount of entry tax with some delay, on which he has already paid the interest as levied by the Assessing Officer, which has been upheld by this Court in Revision No. 54 of 2005. From perusal of the entire record it is clear that there was no intention of the petitioner to evade tax, but due to certain financial crisis which has been explained by him, he was unable to deposit the same in time. Section 15-A(1)(a) of the U.P. Trade Tax Act, 1948 is reproduced herein below ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examination any book, document or account or refuses to allow copies to be taken in accordance with the provisions of Section 13; or (j) obstruction or prevents an officer empowered under Section 13 or the officer-in-charge of a checkpost or barrier established under Section 28 from performing any of his functions under this Act; or (k) refuses or neglects to furnish any information, which may be in his knowledge or possession and which he has been required to furnish for the purposes of this Act, or furnishes information which is false in any material particulars; or (l) issue or furnishes a false certificate or declaration, by reason of which a tax on sale or purchase ceases to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax, if any, payable by him,- From a perusal of Section 15-A (1) (a) it is clear that in order to impose penalty upon the assessee a finding has to be returned to the effect that there was no reasonable cause for depositing the tax within time. That the assessee has submitted before the Tribunal that due to its liability to pay the Cane Growers they incurred loss in their business, as well as huge amount was spend for procuring new machinery and also they were passing through financial crisis and therefore they could not deposit the amount of entry tax with the Revenue within time and therefore, there were sufficient reasons indicated by them for not depositing the same and hence the amount of penalty and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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