GUPTA GRAIN MERCHANT Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) The present trade tax revision has been preferred under Section 11 of the U.P. Trade Tax Act (called "the Act" in short) against the order dated March 5, 1998 passed in Second Appeal No. 244 of 1993 (Year 1985-86). 1. Heard Sri Rajesh Agarwal, learned counsel for the applicant-revisionist and Sri S.D. Singh, learned Standing Counsel for the respondent.

(2.) The brief facts necessary for adjudication of the case are that the applicant-revisionist deals, in foodgrain, oil seed, etc., which are declared commodity under Section 14 of the Central Sales Tax Act, 1956. In the relevant year applicant-revisionist purchased foodgrain from registered dealers and obtained forms III-C(2) and III-C(5) from such dealers. The selling dealers have declared and admitted liability of tax. However, the said forms III-C(2) and III-C(5) have been lost; the information above the same was given to the assessing officer on March 27, 1989. On the request of the applicant-revisionist, the assessing authority made enquiries from the concerned assessing authorities of seller and received confirmatory letter that the said forms in question have been issued to the applicant-revisionist. In the circumstances, the realisation of tax levied in the absence of forms have been waived in view of circular dated January 15, 1988.

(3.) The circular dated January 15, 1988 is provided as below : ..(VERNACULAR MATTER OMMITED)..