2022 (2) TMI 951

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....No. 553 of 2010 for the A.Y. 2004-05 (Entry Tax). By that order, the Tribunal has dismissed the assessee's appeal. Hence, this revision. 3. Present revision has been pressed on the following questions of law: "1. Whether the assessee was liable to pay tax on quantities of damaged/lost cement which could not have been consumed, used or sold inside the local area? 2. Whether the cost of packing of loose cement carried out within the local area after receipt of loose cement from outside, could be included in the value of goods for the purpose of levy of entry tax?" 4. Having heard learned counsel for the parties and having perused the record, it appears, the assessee is engaged in the manufacture and sale of cement.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... as may have rendered them capable of consumption, use or sale therein. 6. In the present facts, the assessee only claimed, the goods inside the local area stood lost or were damaged. The point of time when such loss and/or damage was caused was neither pleaded nor proven. Therefore, it cannot be ascertained if the loss and/or damage to the goods (claimed by the assessee) was suffered before the goods entered the local area of Allahabad or thereafter. 7. Consequently, the liability of Entry Tax is not shown to have ceased. There is no other provision in the U.P. Value Added Tax Act, 2008 (hereinafter referred to as the Act), as may allow for remission of the liability of tax on goods lost or destroyed after their receipt into the loca....