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Bansal Sugar Works Vs. State of U.P. and ors. - Court Judgment

LegalCrystal Citation
SubjectSales Tax
CourtAllahabad High Court
Decided On
Case Number Civil Misc. Writ No. 801 of 1982
Judge
Reported in[1986]61STC189(All)
AppellantBansal Sugar Works
RespondentState of U.P. and ors.
Appellant Advocate Virendra Singh, Adv.
Respondent Advocate The Standing Counsel
DispositionPetition allowed
Excerpt:
- .....the appeal of the petitioner on the ground that the appeal was not accompanied by a copy of the demand notice.2. it is not necessary to go into the facts of the case inasmuch as the appeal of the petitioner has not been decided on merit. the learned counsel appearing for the petitioner has contended that the appellate authority was not justified in dismissing the appeal on the ground that a copy of the demand notice was not filed along with the memo of appeal which should have been decided on merit. for deciding the aforesaid question it would be relevant to refer to rule 24 of the u.p. sugarcane (purchase tax) rules, 1961, which provides the manner in which the appeal shall be filed, and reads :24. appeals.-(1) an appeal under sub-section (5) of section 3 of the act in the case of a.....
Judgment:
ORDER

Anshuman Singh, J.

1. This writ petition under Article 226 of the Constitution of India has been filed against the order of the appellate authority-cum-Deputy Sugar Commissioner, Meerut, dated 15th October, 1982, dismissing the appeal of the petitioner on the ground that the appeal was not accompanied by a copy of the demand notice.

2. It is not necessary to go into the facts of the case inasmuch as the appeal of the petitioner has not been decided on merit. The learned counsel appearing for the petitioner has contended that the appellate authority was not justified in dismissing the appeal on the ground that a copy of the demand notice was not filed along with the memo of appeal which should have been decided on merit. For deciding the aforesaid question it would be relevant to refer to Rule 24 of the U.P. Sugarcane (Purchase Tax) Rules, 1961, which provides the manner in which the appeal shall be filed, and reads :

24. Appeals.-(1) An appeal under Sub-section (5) of Section 3 of the Act in the case of a unit shall be preferred by presenting a memorandum of appeal in duplicate to the Sugar Commissioner or such officer as may be appointed by the State Government in this behalf.

(2) The memorandum of appeal shall contain-

(a) the name and address of the appellant;

(b) the grounds of appeal;

(c) the relief prayed for;

(d) the date of intimation to him of the order or demand appealed against; and

(e) the total quantity of the cane grown by the appellant in his own farm crushed during the month in respect of the order of demand for which the appeal is preferred.

(3) The memorandum of appeal shall be accompanied by an attested copy of the order of assessment or imposing penalty or a notice of demand of interest, if any.

3. From a reading of the aforesaid provisions it is abundantly clear that the requirement of the rule is not that a notice of demand should be filed along with the memorandum of appeal. Sub-rule (3) of Rule 24 lays down that an appeal shall be accompanied by an attested copy of the order of assessment or imposing penalty or a notice of demand of interest, if any. It does not lay down that the appeal has to be accompanied by a notice of demand. In this view of the matter it is amply clear that the appellate authority was not justified in rejecting the appeal on the ground that it was not accompanied by a notice of demand as it was not required by Rule 24(8).

4. In the result the writ petition succeeds and is allowed in part. The order passed by respondent No, 3 dated 15th October, 1982, is quashed and he is directed to decide the appeal on merits. However, there will be no order as to costs.


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