Allahabad High Court
Durga Steel Rolling Mills Thru.Partner ... vs Commissioner Of Commercial ... on 17 August, 2021
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- TRADE TAX REVISION No. - 40 of 2021 Revisionist :- Durga Steel Rolling Mills Thru.Partner Amit Arora Opposite Party :- Commissioner Of Commercial Taxes,U.P.Lucknow Counsel for Revisionist :- Mudit Agarwal Counsel for Opposite Party :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
Heard the learned counsel for the revisionist and perused the record.
This Revision has been filed challenging the judgment of the learned Tribunal dated 06.04.2021 in Second Appeal No.50 of 2017. For the purpose of interim relief, learned counsel for the revisionist has pointed out that the learned Tribunal failed to appreciate that the Tax imposed on the estimated concealment of Rs.2,46,250/-. Even as per the provisions of Section 54 Sub Clause-1 (2) the maximum penalty which could be imposed would be Rs.7,38,750/- which is three times the amount of estimated concealment of facts. But deliberately the penalty of Rs.18,65,625/- has been imposed which is more than seven times of the Tax in dispute.
Learned Standing Counsel has pointed out that the Tribunal had considered its arguments but did not appreciate it.
The Revision is admitted.
The order of the learned Tribunal shall remain stayed in so far as the entire amount of Rs.18,65,625/- as imposed is concerned subject to the condition that the revisionist deposits Rs.7,38,750/-, in case the revisionist has already deposited some amount, the same shall be adjusted by the Assessing Authority.
The State respondents are granted time to file counter affidavit.
List this matter on 16.09.2021.
Order Date :- 17.8.2021 PAL