BUDH PRAKASH JAI PRAKASH Vs. SALES TAX OFFICER

JUDGEMENT

(1.) This is an application, under Article 226(1) of the Constitution, for the issue of a writ in the nature of 'certiorari' quashing the assessment orders dated the 27-2-1950 and the 23-5-1950 relating to the assessment years 1948-49 and 1949-50 respectively and the provisional assessment order dated the 30-1-1950 relating to the assessment year 1949-50 in respect of forward contracts of peas. Included in the application is a prayer for a writ in the nature of prohibition commanding opposite party No. 1 to desist from proceeding further with assessment proceedings relating to forward contracts of guar and peas. Also included in the relief claimed is a writ in the nature of mandamus' to opposite parties calling upon them to forbear from giving effect to the provisions of the U. P. Sales Tax Act, 1948, in so far as they relate to forward contracts in respect of gold, silver and guar.

(2.) The case for the applicant will be found set forth in the affidavit which has been filed on behalf of the applicant by Shri. Dalip Singh Jain. No counter affidavit in this case has been filed on behalf of the State. We have, therefore, to assume that the facts stated by the deponent are correct, they not having been challenged by the State.

(3.) The applicant is a firm styled Budh Prakash Jai Prakash of Hapur. It carries on business, 'inter alia', of forward contracts and has been dealing in gold, silver, peas, arhar, urd and sarson. The applicant is also a shareholder member of the Mahabir Beopar Mandal Ltd., Hapur, which is a public limited company. Members of the Mandal carrying on forward contracts register them with it and it acts in respect of those transactions as a clearing house charging commission thereon.