The Commissioner, Commercial Tax U.P. vs. S/S Purwar Trading Co.
Held
The Court held that the initial order under Section 27 of the U.P. VAT Act was a self-assessment based on a deeming fiction and not a formal assessment order. Therefore, the assessing authority lacked the power to rectify it under Section 31 as there was no pre-existing order passed by him.
Facts
The revenue sought to rectify an assessment order, claiming the assessee wrongly paid tax at 4% instead of 12.5% on certain goods. The assessing authority initially passed an order under Section 31, which was later recalled and then re-issued after hearing the assessee.
Key Issues
Whether the assessing authority has the power to rectify a self-assessment order under Section 31 of the U.P. VAT Act when no formal assessment order was passed by him.
Sections Cited
Section 31, Section 27, Section 28, Section 29
AI-generated summary — verify with the full judgment below
1 A.F.R. Court No. -
1 Case :- SALES/TRADE TAX REVISION No. - 232 of 2019 Revisionist :- The Commissioner, Commercial Tax U.P. Opposite Party :- S/S Purwar Trading Co. Counsel for Revisionist :- Bipin Kumar Pandey Counsel for Opposite Party :- Anshul Nigam,Mayank Tripathi and Case :- SALES/TRADE TAX REVISION No. - 231 of 2019 Revisionist :- The Commissioner, Commercial Tax U.P. Opposite Party :- S/S Purwar Trading Co. Counsel for Revisionist :- Bipin Kumar Pandey Counsel for Opposite Party :- Anshul Nigam,Mayank Tripathi Hon'ble Saumitra Dayal Singh,J.
Heard Sri B.K. Pandey, learned Standing Counsel for the revenue and Sri Anshul Nigam, learned counsel for the assessee.
The present revisions have been filed by the revenue against the order of the Commercial Tax Tribunal dated 02.11.2018 passed in Second Appeal Nos. 289 of 2018 for A.Y. 2008-09 and 290 of 2018 for A.Y. 2009-10. By those orders, the Tribunal has dismissed the second appeals filed by the revenue and confirmed the order passed by the Additional Commissioner, the first appeal authority. The first appeal authority had set aside the order passed under Section 31 read with Section 32 of the U.P. VAT Act, 2008
The judgment continues below.
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