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TMI Blog2021 (11) TMI 436X X X X Extracts X X X X X X X X Extracts X X X X ..... vision No. 95 of 2011 is being taken as leading case. The Sales/Trade Tax Revision No. 95 of 2011 has been filed against the judgement & order dated 08.11.2010 passed by the Commercial Tax Tribunal, Bench - II, Kanpur in Second Appeal No. 127 of 2010 for the assessment year 2003-04. The present revision has been filed raising following, amongst other, questions of law:- A) Whether on the facts and circumstances of the the assessing authority as well as the appellate authorities are legally justified in law in not accepting the forms 3-B furnished before the assessing authority against the claim of concessional rate of tax on the ground that the said forms 3-B cannot be accepted as the same are filed after the period as indicated under R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of all the books of account, the revisionist took steps for collecting particulars of sales made against Form III-B and started collecting the same from its purchasers. As soon as the forms were collected, the same were submitted for its acceptance before the authority, but the same have wrongly been disbelieved, which has been confirmed by the Tribunal. He further relied upon the judgement of this Court in M/s Narbada Industries Vs. CCT reported in 2017 UPTC 491 and prays for setting aside the order of the lower authorities and acceptance of form III-B. Per contra, learned Standing Counsel submits that the Tribunal as well as the authorities below have rightly not accepted the contention of the revisionist as the issue has been settled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ein, it has been specifically held that the benefit of Form III-B can only be granted if the forms are filed within two years of the transaction. Therefore, in view of the law laid down by the Division Bench of this Court in M/s Oriental Carbon (supra), the benefit of extending the period beyond two years is not permissible. It is not in dispute, rather it is accepted by the revisionist, that Form III-B were filed beyond the period of two years and therefore, in terms of Rule 25 - B (3) of the Rules, which specifically puts bar, the benefit cannot be extended. In view of the aforesaid provisions and the law laid down by the Division Bench of this Court in M/s Oriental Carbon (supra), M/s Coco Form Industries (supra) and M/s K.B. Hides (su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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