NATIONAL FERTILIZERS LTD Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) Heard Sri Parve Agarwal and Sri Piyush Agarwal learned counsel for the revisionist and Sri U.K. Pandey, learned standing counsel. The revisionist is a company incorporated under the Indian Companies Act, 1956, having its registered office at Scope Complex Core-3, 7 Institutional Area, Lodi Road, New Delhi. The revisionist is engaged in the manufacture and sale of fertilizers, namely, "urea" at its factory situated at Vijaypur District, Guna (M.P.).

(2.) The present revision has been filed by the revisionist relating to assessment year 1993-94, whereby the penalty has been imposed on the assessee in proceedings under section 15A(1)(e) of the U.P. Trade Tax Act.

(3.) The revisionist-company had entered into an agreement with another company outside the State of U.P. The assessing authority imposed tax under section 3F of the Act treating the transfer of right to use on the application and imposed tax by order dated July 4, 1996.