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2005 Supreme(All) 2007

PRAKASH KRISHNA
The Commissioner, Trade Tax – Appellant
Versus
Shadi Ram Ganga Prasad Pvt. Ltd. – Respondent


Advocates:
BHARAT JI AGRAWAL,

PRAKASH KRISHNA, J.

( 1 ) THESE two revisions are directed against the common order dated 6-1-1997 passed by the trade Tax Tribunal, Kanpur in two connected Second Appeal Nos. 201 of 1995 and 200 of 1995 for the assessment years 1987- 88 (Central) and 1988- 89 (Central) The dealer opposite party is carrying on the business of manufacture and sale of Atta, Suji and Maida etc. The acceptance of books of account is not in dispute. The assessing authority on examination of books of account of the dealer opposite party rejected the claim of consignment sale to the tune of Rs. 22,71,560/for the assessment year 1987-88 and Rs. 12,61,820/- for the assessment year 1989-90. It was held by the assessing authority that these sales were inter state sale.

( 2 ) AGGRIEVED against the aforesaid assessment orders the dealer opposite party preferred two separate appeals before the Dy. Commissioner (appeals) Trade Tax, who allowed the appeal by a common order dated 21-3-1995 and remanded the matter to the assessing authority with certain directions. Still feeling aggrieved against the aforesaid remand order the dealer opposite party preferred the aforesaid two Second appeals before the Trade Tax Tribu















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