POSHWAL CHEMICAL INDUSTRIES Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The revision is being finally disposed of at the admission stage.

(3.) The claim of the revisionist is that five forms XXXI of the revisionist were stolen and misused by some third party. His contention is that forms were issued for importing chemicals but against the said forms "supari", "betel nut" has been imported. The revisionist has informed about the theft of the said forms to the concerned authority and the Principal Secretary, Institutional Finance, Government of U.P. had directed investigation by S.I.B. vide order dated June 2, 1999. It is submitted that the enquiry was still going on, yet the assessing authority passed the final assessment order imposing heavy tax upon the revisionist. In appeal filed before the Deputy Commissioner (Appeals) an application for staying the recovery of the disputed amount of tax was moved which was partly allowed and stay was granted only with regard to 75 per cent of the disputed amount of tax.