2014 (5) TMI 96

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....ard Sri Praveen Kumar, Advocate holding brief on behalf of Sri Ashok Kumar, Advocate for revisionist and perused the record. 2. The tax liability disputed in this revision relates to Assessment Year 2000-01 under U.P. Trade Tax Act, 1948 (hereinafter referred to as the "Act, 1948"). 3. The revisionist-Dealer, M/s Rajendra Brick Field (hereinafter referred to as the 'assessee') was ru....

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....unding commences on 1st October and ends on 30th September of the next following year. 5. Thus, two assessment years would touch in one compounding season of brick kiln. 6. In the present case we are concerned with assessment year 2000-01, in particular the period from 01.10.2000 to 31.03.2001. The assessee took the stand that he closed his business on 30.09.2000 by communication, acknowledg....

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....e order dated 13.02.2003, whereagainst assessee's first appeal was partly allowed reducing tax liability by Rs. 6,000/-, giving relief in rate of bricks, and instead of Rs. 1200/- per thousand the First Appellate Authority took it as Rs. 1150/- per thousand. The assessee preferred second appeal which is also allowed partly by Tribunal by further giving relief of tax to the extent of Rs. 6000/-....

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....i.e., 2000-01. However, the stock which remained with assessee after completion of season 1999-2000 and passed on to next season, in respect thereof it was incumbent upon assessee to go for compounding or to show the same in his records properly but taking advantage of compounding accepted by a different firm, the tax liability in respect of such stock could not have been denied. The Revenue has r....