SANGAM STRUCTURALS LTD Vs. COMMISSIONER, TRADE TAX

JUDGEMENT

(1.) Sri M.M. Rai, learned counsel for the assessee/revisionist and Sri U.K. Pandey, learned counsel for the respondent. The revision relates to the assessment year 2003-04. The turnover of sales disclosed by the assessee for the relevant year was accepted by the assessing authority vide order dated February 28, 2006. However, subsequently, the matter was reassessed under section 21 of the Trade Tax Act (in short, "'the Act") and an additional demand of Rs. 11,24,218 along with interest thereon was raised on the ground that the assessee was not entitled to concessional rate of tax oh the material supplied to the U.P. Power Corporation Ltd. for the reason that there, was no contract between the two for supply of the steel structure. The revised assessment was upheld in appeal as well as in second appeal by the Tribunal.

(2.) The order of the Tribunal dated May 29, 2007 has been impugned in the present revision and the following question of law has been raised:

(3.) It is not in dispute that the assessee is a fabricator and had supplied steel structure to the U.P. Power Corporation Ltd. who in turn has issued form IIID on the basis of which concession tax at the rate of four per cent was leviable on the goods so supplied. The issuance of form IIID and the fact that the goods supplied by the assessee were covered by the said form IIID of the Act is not in dispute.