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2019 (10) TMI 364

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..... on which the goods are sold? HELD THAT:- The relevant criteria to determine the value of goods had to be the wholesale value within the local area Ghaziabad. Inasmuch as the revenue and the appeal authorities have not made any effort to determine that value, the assessment order, as sustained by the Tribunal, is wholly erroneous - Further, in absence of any discussion as to the wholesale value .....

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..... Counsel for Revisionist :- Ashok Kumar,Praveen Kumar Counsel for Opposite Party :- C.S.C. 1. Present revision has been filed by the assessee against the order of the Commercial Tax Tribunal, Ghaziabad dated 22.01.2013 passed in Second Appeal No. 234 of 2010 (entry tax) for A.Y. 2007-08. By that order, the Tribunal has dismissed the appeal filed by the assessee and confir .....

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..... 2(h) of the Entry Tax Act, since the goods had been received by way of stock transfer, the method of valuation provided in that regard had to be adopted. However, while attempting to do so, the assessing authority took into account the total value of goods sold by the assessee. 4. Heard Shri Praveen Kumar, learned counsel for the assessee and Shri A.C. Tripathi, learned Standing Counsel f .....

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..... of the goods. 7. While Shri Tripathi has opposed the revision, however, it could not be disputed that the value of the goods has to be determined in accordance with the statutory scheme. Insofar as the definition of value of goods does not allow the revenue authorities to consider the sale value of goods, the approach adopted by the assessing authority is found to be completely contrary .....

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