2009 (4) TMI 875

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....dey learned standing counsel for the Department. This revision has been filed against an order of the Trade Tax Tribunal dated February 3, 2006 in second appeal No. 594 of 2003 for the month of May, 2001 (U.P.) arising out of the penalty proceedings initiated against the assessee under section 15A(1)(a) of the U.P. Trade Tax Act, 1948. The questions of law referred are as under: "1. Wheth....

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....nd circumstances of the case, the applicant was facing financial crisis hence the tax could not be deposited in time as the applicant-company became a sick company, still the imposition of penalty is justified?   4.. Whether the applicant has shown sufficient cause for late deposit of tax, still the imposition of penalty is justified? 5.. Whether, on the facts and circumstances of the c....

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....appeal under section 10 of the Act before the Trade Tax Tribunal, Ghaziabad, which affirmed the order passed by the two lower authorities by his order dated February 3, 2006. The other facts of the case which are also not in dispute that the assessee-company had become a "sick industrial company" within the meaning of section 3(1)(o) of the Sick Industrial Companies (Special Provisions) Act, 19....

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....reasonable cause for making late payment of tax, the penalty imposed on the assessee under section 15A(1)(o) of the Act was not justified. The learned counsel for the assessee has relied on a decision of this court in the case of Govind Sugar Mills Limited v. Commissioner of Trade Tax reported in [2010] 33 VST 399 (All); [2008] UPTC 991 wherein this court has taken a view that in order to invok....