1988 (7) TMI 404
X X X X Extracts X X X X
X X X X Extracts X X X X
....147 retail shops and 47 agencies throughout the State during the said assessment year. Under the provisions of the U.P. Trade Tax Act, 1948, the monthly returns of the sales is to be filed and the trade tax has to be deposited by the end of the succeeding month. For example, the return for the sales of month of June in any year has to be filed and the tax has to be deposited by the end of the next....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ale turnover from March 16, 1977 to March 31, 1977 amounting to Rs. 30,68,592.34 paise was shown by the applicant in the return for the year 1977-78 and, therefore, the applicant claimed that the turnover of Rs. 40,16,776.22 paise for the period March 16, 1976 to March 31, 1976 be deducted from the total turnover for the year 1976-77. This was not allowed by the assessing authority but it was allo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d the order of penalty passed by the assessing authority and enhanced the amount of penalty by observing that the practice of preparing the return from 16th of one month to 15th of the succeeding month was not borne out from the facts on record. This is an incorrect observation of the Tribunal as the first appellate authority as well as the assessing authority had observed in their orders that was....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the tax was levied. In view of this, the order of the Trade Tax Tribunal upholding the order of penalty cannot be sustained. 3.. The assessing authority had also imposed a penalty of Rs. 3,600 on the applicant under section 15-A(1)(c) for importing goods without furnishing proper certificate, which has been upheld by the Tribunal. No revision has been preferred against the said decision of the Tr....