2019 (10) TMI 364

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....e Party :- C.S.C. 1. Present revision has been filed by the assessee against the order of the Commercial Tax Tribunal, Ghaziabad dated 22.01.2013 passed in Second Appeal No. 234 of 2010 (entry tax) for A.Y. 2007-08. By that order, the Tribunal has dismissed the appeal filed by the assessee and confirmed the demand of entry tax. 2. The present revision has been pressed on the following questi....

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.... provided in that regard had to be adopted. However, while attempting to do so, the assessing authority took into account the total value of goods sold by the assessee. 4. Heard Shri Praveen Kumar, learned counsel for the assessee and Shri A.C. Tripathi, learned Standing Counsel for the revenue. 5. Assailing the approach adopted by the revenue authorities, as confirmed by the Tribunal, learn....

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.... has to be determined in accordance with the statutory scheme. Insofar as the definition of value of goods does not allow the revenue authorities to consider the sale value of goods, the approach adopted by the assessing authority is found to be completely contrary to law. 8. Further, in absence of any discussion as to the wholesale value of similar goods sold, inside the local area Ghaziabad, ....