THE COMMISSIONER, COMMERCIAL TAX, UP LUCKNOW v. S/S JAI MAA DURGA RICE MILL MUNA BAGAR JALALPUR
STRE/90/2025 · 2025-05-26
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46473 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46473 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89921 Court No. - 10 Case :- SALES/TRADE TAX REVISION No. - 90 of 2025 Revisionist :- The Commissioner, Commercial Tax, Up Lucknow Opposite Party :- S/S Jai Maa Durga Rice Mill Muna Bagar Jalalpur Counsel for Revisionist :- Bipin Kumar Pandey,C.S.C. Hon'ble Piyush Agrawal,J. Heard Shri B.K. Pandey, learned ACSC for the revisionist. Office report dated 26.05.2025 indicates that affidavit of service has been filed. Therefore, service upon the opposite party is deemed to be sufficient. However, when the case is taken up, neither any Vakalatnama has been filed, nor any body appears on behalf of the opposite party or any request has been made for passing over the case. The instant revision has been filed against the impugned order dated 06.12.2024 passed by the Commercial Tax Tribunal for the Assessment Year 2017-18 under section 28(2)(i) of the UP VAT Act. Learned ACSC submits that the issue in hand is squarely covered by the judgements of this Court in CCT Vs. S/s Janki Industries Nai Basti, Bareilly [Sales/Trade Tax Revision No. 10/2025, decided on 24.03.2025] and CCT Vs. S/s Ravi Prakash Rahul Prakash [Sales/Trade Tax Revision (Defective) No. 28 of 2024, decided on 09.05.2025]. In view of the above, this revision is also allowed in terms of the judgements of this Court in S/s Ravi Prakash Rahul Prakash (supra) and S/s Janki Industries (supra). The impugned order passed by the Commercial Tax Tribunal is hereby set aside. The questions of law are answered in favour of the Revenue and against the opposite party. Order Date :- 27.5.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad