2022 (6) TMI 201

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....grawal For the Opposite Party : C.S.C. ORDER HON'BLE SAUMITRA DAYAL SINGH,J. 1. Heard Shri Shubham Agrawal, learned counsel for the applicant and learned Standing Counsel. 2. Present revision has been filed filed by the applicant against the order of the Trade Tax Tribunal, Allahabad Bench, Allahabad, dated 5.3.2008 in second appeal no. 46 of 2008 for A.Y. 2004-05. 3. By the ....

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....plicant had made a composite application to avail the benefit of compounding under Section 7-D of The U.P. Trade Tax Act, 1948 (hereinafter referred to as the Act), for A.Y.s 2003-04 onwards. Merely because the assessing authority passed separate orders for the A.Y.s 2003-04, 2004-05 and 2005-06, he was not willfully entitled to enhance the rate of compounding fee @ 25% for the A.Y. 2004-05. Here,....

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....nt years. The applicant was bound to apply for compounding for all three years, separately. Further, though the opposite party was bound to allow the applicant the benefit of compounding, at the same time, separate contracts were to be entered between the parties for each Assessment Year. Reference has been made to the separate orders passed under Section 7-D of the Act for the A.Y. 2003-04. 6.....

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....he may remain compelled to such benefit for all subsequent periods during which the scheme may remained in force. As to the amount of compounding fee to be calculated at the percentage rate of royalty, the State did not commit to maintain @ 22%. In fact, by virtue of the proviso to Section 7-D of the Act, the State retained the power to vary that rate. 8. For both reasons, the Tribunal has not ....