COMMISSIONER TRADE TAX Vs. RATHI ISPAT LTD

JUDGEMENT

(1.) This revision is directed against the order dated August 18, 1995 passed by the Trade Tax Tribunal, Bench II, Ghaziabad, in Second Appeal No. 29 of 1995 for the assessment year 1987-88.

(2.) The assessee opposite party is a recognition certificate holder and was authorised to purchase raw material under section 4B of the U.P. Trade Tax Act, 1948. The penalty proceedings under section 4-B(5) of the Act were initiated by the department on the plea that the dealer after making purchases on concessional rate against form III-B got the goods manufactured by other agency on job-work basis. The Assessing Officer imposed penalty by the order dated February 21, 1994, which was confirmed in appeal by the Deputy Commissioner (Appeals). The Tribunal by the order under revision has set aside the penalty order.

(3.) Heard Sri Bipin Kumar Pandey, learned Standing Counsel for the Department and Sri Piyush Agarwal for the opposite party.