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    <title>2015 (1) TMI 1138 - ALLAHABAD HIGH COURT</title>
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    <description>Reopening of a trade tax assessment under section 21 of the U.P. Trade Tax Act requires a bona fide reason to believe based on tangible, relevant material with a live nexus to escapement of turnover, and the reassessment notice was unsustainable where that standard was not met. Mere reliance on the assessee&#039;s use of ink for printing books, without more, did not show that the assessee was carrying on a works contract. The publishing agreement indicated publication and sale of books for royalty, including supply at discounted rates to the Government, but it did not disclose the essential ingredients of a works contract. The authority acted on presumption rather than relevant material and failed to apply its mind to the contract terms.</description>
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      <description>Reopening of a trade tax assessment under section 21 of the U.P. Trade Tax Act requires a bona fide reason to believe based on tangible, relevant material with a live nexus to escapement of turnover, and the reassessment notice was unsustainable where that standard was not met. Mere reliance on the assessee&#039;s use of ink for printing books, without more, did not show that the assessee was carrying on a works contract. The publishing agreement indicated publication and sale of books for royalty, including supply at discounted rates to the Government, but it did not disclose the essential ingredients of a works contract. The authority acted on presumption rather than relevant material and failed to apply its mind to the contract terms.</description>
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