Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Trade Tax Act 1948 ~ ss. 3B and 4B - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Trade Tax Act, 1948 ~ ss. 3B and 4B -— Recognition certificate - Concessional rate of tax — Assessee holder of recognition certificate as per s. 4B — Purchase of raw material-natural gas at the concessional rate of tax against Form III B — Manufacture of notified goods-fertilizers out of the purchases of natural gas purchased — Transfer of finished goods. outside the State of UP — Imposition of penalty by the Revenue since.the assessee made stock transfer of the goods in violation of ss. 3B and 4B(2) — In appeal,.~ tribunal held in favour of assessee ~ High Court upheld the said order — On appeal, held: Tribunal rightly held that the trader’ was authorized to purchase the natural- gas for the manufacture of - fertilizer and had manufactured fertilizer by utilizing the natural gas purchased against the issue of Form II-B; and that no action can be taken u/s. 3-B on the ground that the products utilizing the natural gas purchased against the issue of Form III-B were sent through stock transfer without selling those directly, because s. 4-B cannot be extended to determine the responsibility u/s.3-B — Section 4B has nothing to do with the fact that how notified goods are to be disposed of because s. 3B is not applicable in case the raw material is used for production of the notified goods mentioned in the recognition certificate — Section 3B would apply when a false and wrong certificate or declaration is made — Order passed by the tribunal was upheld by the High Court and is justifiable and does not call for any interference. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 7 |
Petitioner | Commissioner Of Commercial Tax, U.p. |
Respondent | M/s Oswal Greentech Limited |
SCR | [2016] 5 S.C.R. 851 |
Judgement Date | 2016-10-28 |
Case Number | 10430 |
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