OM PRAKASH GUPTA Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) BOTH these revisions arise out of the proceedings for the assessment year 2000 -01.

(2.) REVISION No. 2557 of 2005 relates to the assessment proceedings under Section 7(3) of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') whereas Revision No. 2558 of 2005 relates to penalty proceedings under Section 15A(1)(o) of the Act.

(3.) ON June 3, 2000 seizure order was passed after considering the explanation given by the owner and security of Rs. 1,00,000 (rupees one lac) was demanded for release of the goods by the Trade Tax Department. In the meantime, as F.I.R. had been registered and goods were given in the custody of station house officer of the concerned police station, the dealer applied for release of the goods before the Chief Judicial Magistrate. By order dated June 21, 2000, the Chief Judicial Magistrate directed for release of the goods on furnishing of two sureties of Rs. 2,00,000 each with a rider that goods shall be produced in court as and when required.