TaxTMI 
TaxTMI 
2018 (8) TMI 3
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....at the revisionist is a limited company and is engaged in manufacture and sale of sugar, molasses, baggase, press mud etc. For the assessment year 2002-03, the books of account of the revisionist are accepted by the assessing authority, but the claim of the revisionist is that the revisionist is liable to pay tax at the rate of 2.5% instead of 8%, on the transaction covered against Form 3-B said to be issued by M/s Dhampur Sugar Mills Ltd., which claim is not accepted. 4. For the assessment year in question, sales of molasses of 29962.95 quintals were affected by the revisionist to M/s Dhampur Sugar Mills Ltd. for sum of Rs. 39,69,110/- against Form 3-B. The claim of the revisionist was that since the aforesaid sales are covered against Fo....
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....of 2.5% is unjustified. 9. Before the first appellate authority, the assessee has stated that the assessee has disclosed the sale to the 'chemical unit' M/s Dhampur Sugar Mills Ltd. which cannot be denied by the department as this fact is evident from the perusal of Form-4 (return) filed by the revisionist. 10. Learned counsel for the revisionist has submitted that no inquiry was ever conducted nor any opportunity was provided to the revisionist to explain the reasons and to place the materials. The order of the assessing authority was bad as such it was against the principle of natural justice. 11. Considering the submission of the assessee, the first appellate authority has recorded a categorical finding that admittedly the cla....
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....r which the relevant notification No.KA.NI.2-530/XI-7(159/91-U.P. Act-15-48-Order-2000 dated Lucknow: February 17, 2000 was issued and the applicant had accepted Form 3-B bonafidely. 16. Learned counsel for the revisionist has further submitted that it is an admitted fact that Form 3-B were issued to the purchaser by its assessing authority and the said Form 3-B were not declared at any point of time as invalid and/or obsolete under Sub-rule 13, and therefore, non-acceptance of the applicability of the rate of tax, as admitted by the purchasing dealer, is bad and as such was illegal. 17. Learned counsel for the revisionist has further submitted that the buyer has made the purchase from the present revisionist and has declared the same and....