Allahabad High Court
M/S The Karur Vysya Bank Ltd. vs Commissioner, Commercial Tax, U.P. ... on 25 January, 2010
Author: Bharati Sapru
Bench: Bharati Sapru
Court No. - 33 Case :- SALES/TRADE TAX REVISION DEFECTIVE No. - 4 of 2010 Petitioner :- M/S The Karur Vysya Bank Ltd. Respondent :- Commissioner, Commercial Tax, U.P. Lucknow Petitioner Counsel :- Pradip Kumar,N.C. Gupta Respondent Counsel :- C.S.C. Hon'ble Bharati Sapru,J.
It is the argument of the leaned counsel for the revisionist that the findings recorded in the impugned order dated 21.12.2009 are against the material on record placed by the revisionist to show:-
(a) That the lease agreement for the machine was done outside.
(b) That the financial condition of the bank is poor.
The learned counsel for the revisionist states that the revisionist placed adequate material before the 1st Appellate Authority but he has not considered the same by the impugned order and therefore, has directed the revisionist to deposit 20% of the demand by giving the relief to the extent of 80%. He stated that the 100% relief should be given. Since the matter relates to the facts, this Court remands the matter back to the 1st Appellate Authority to reconsider the case of the revisionist on the basis of the material evidence which is already on the record. The matter may be reconsidered within a period of three weeks from the date of the production of a certified copy of this order being placed before the 1st Appellate Authority. The order itself may be placed before the authority concerned within a period of three days from today.
This revision is dispose of.
Order Date :- 25.1.2010 AKJ