2018 (12) TMI 712

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....onist had approached the tribunal challenging an order passed in First Appeal No.206 of 2008, imposing liability of tax to the extent of Rs. 31,50,079.00/-, which has been rejected. It transpires that revisionist purchased goods/construction materials for the purposes of raising construction of residential colony/apartments/commercial complexes in different projects undertaken by it within the State of Uttar Pradesh. The materials were partly purchased from within the State of Uttar Pradesh and partly from beyond the State of Uttar Pradesh. In respect of goods purchased from beyond the State, the revisionist claims to have paid central sales as was tax applicable. Proceedings appear to have been initiated against the revisionist relyi....

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....ons of section 44-B of the U.P. Trade Tax Act, 1948, which has been inserted on 27.2.1997, as per which, an addition of 20% would be permissible where the value of goods utilized has not been ascertained. Since sales price was not determined, as such increase of 20% has been allowed over purchase price. Learned counsel for the revisionist has placed reliance upon an order passed by this Court in Sale/Trade Tax Revision No.481 of 2016 filed by the present revisionist, wherein similar issue had arisen for consideration before this Court. After referring to the judgment of the Apex Court in K. Raheja Development Corporation (supra) and M/s Larsen & Toubro Limited and another vs. State of Karnataka, 2013 UPTC 1277, particularly para 101 & 10....

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....he factual aspects. The second and third questions, therefore, stands remitted for fresh consideration by Tribunal. Revision accordingly is disposed of." Issue as to whether necessary ingredients to attract levy of tax by applying principles of 'works contract' appear to have been extensively dealt with by the assessing authority and also by the tribunal. Judgment of the Apex Court is taken note of to return the finding, which has not been shown to be perverse or erroneous. The assessing authority has relied upon the standard format used for issuing allotment to the buyers. Specific clause of the agreement has been examined to return a finding that construction work undertaken by the revisionist on behalf of the allottee....