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2025 DAILYLAW 72999 (ALL)

THE COMMISSIONER COMMERCIAL TAX v. S/S SRI SITA RAM TRADING CO.

STRE/73/2024 · 2025-05-19

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84525 Court No. - 10 Case :- SALES/TRADE TAX REVISION No. - 73 of 2024 Revisionist :- The Commissioner Commercial Tax Opposite Party :- S/S Sri Sita Ram Trading Co. Counsel for Revisionist :- C.S.C. Counsel for Opposite Party :- Mamta Singh Hon'ble Piyush Agrawal,J. 1. Heard Mr. B.K. Pandey, learned ACSC for the revisionist and learned counsel for the opposite party. 2. By means of present revision, the revisionist is assailing the order dated 14.3.2024 passed by Commercial Tax Tribunal, Allahabad in Second Appeal No.05/2024 (2017-18). 3. Learned ACSC for the revisionist submits that the issue in hand is squarely covered with the decision of this Court passed in a bunch of cases leading Sales/ Trade Tax Revision No. 10 of 2025 (The Commissioner, Commercial Tax, UP Vs. S/S Janki Industries Nai Basti, Bareilly), Neutral Citation No. 2025: AHC:42271 and Sales / Trade Tax Revision Defective No. 28 of 2024 (Commissioner Commercial Tax Vs. S/S Ravi Prakash Rahul Prakash) Neutral Citation No. 2025: AHC: 74975. 4. After hearing learned counsel for the parties the Court has perused the records. 5. This Court in the case of S/S Janki Industries (supra) and S/S Ravi Prakash Rahul Prakash (supra) has dealt with in detail the issue involve in the present case, therefore, the said judgements are squarely applicable in the facts of the present case. 6. In view of above, the revision is allowed in terms of the judgement passed in the case of S/S Janki Industries (supra) and S/S Ravi Prakash Rahul Prakash (supra). The impugned order is set aside. 7. The substantial questions of law are answered accordingly in favour of the revisionist and against the opposite party. Order Date :- 20.5.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad