1996 (4) TMI 469

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Ji Agrawal, learned counsel for applicant and Sri B.K. Pandey, learned Standing Counsel for opposite party and also perused the impugned order made by the appellate authority. The petitioner is a limited company incorporated under the Indian Companies Act and carried on the business of manufacture and sales of tyres and tubes and it has got its branches at Kanpur, Gorakhpur, Delhi and several other depots in different places including Nagpur. The stock transfers of the finished goods are made by the company to its branches and depots. For the assessment year 1985-86 the Assistant Commissioner (Assessment), Sales Tax, Allahabad, accepted the account books of the company and also accepted the disclosed taxable turnover of the stock transfe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ommissioner (Appeals) before the Trade Tax Tribunal, which affirmed the order of remand. Thereafter the company challenged the ex parte assessment order by preferring appeal before the Deputy Commissioner (Appeals) who was again pleased to remand the proceedings to the assessing authority for reopening the entire proceeding and to make assessment. Company again filed second appeal before the learned Tribunal which dismissed the appeal by impugned order. 3.. Mr. Bharat Ji Agrawal has contended that this second remand made by the learned appellate authority is not legally justified and reopening of the assessment proceeding in respect of the entire stock transfers made by company to its Nagpur depot is also not legally correct inasmuch as,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... very well exercise the power under section 21 or 22 of the Act, as the case may be, if he had come across some information or material against the acceptance of account books in respect of the assessment already made by him but this has not been exercised. Therefore, reopening of the assessment which has become final in the matter is not legally correct. The Deputy Commissioner (Appeals) as well as the learned Tribunal have committed error of law by directing the assessing authority to reopen the assessment which has become final. Therefore, this finding is liable to be set aside. 5.. I further find that the Deputy Commissioner (Appeals) as well as, learned Tribunal has also committed error of law by remanding second time the question o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to determine the question of tax liability on the basis of finding remitted by the assessing authority on the relevant point that the company, M/s. Jai Shree Tyres and Rubber Products was also the proprietor of M/s. Jaishree Tea Industries Ltd. and form "F" bearing No. Z/o.668458 was correctly issued in respect of the stock transfer by the company to its Nagpur depot. It is amply evident that if stock transfers by the company to its depots were supported by form "F", the same could not be treated as sale under the Central Sales Tax Act and no tax liability arose. On this fact no additional inquiry or investigation was called for. The learned counsel for the revisionist has submitted that the learned Tribunal was capable of recording the fin....