This revision under section 11 of the U.P. Trade Tax Act has been filed by the revisionist State for the assessment year 1981-82 against the order of trade tax tribunal dated 26.3.2002. The questions of law referred to are as under:
"(i) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal was justified to quash the penalty order passed u/s. 4B (6) in view of full bench judgment of Hon'ble High Court in the matter of M/s. Diwan Rexins (P) Ltd. Meerut vs. State of U.P. & others (1996 U.P.T.C. 551)?
(ii) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal was legally justified to quash the penalty order passed u/s.4B (6) in view of judgment of Hon'ble Supreme Court in the matter of M/s. Goodyear India Ltd. & others vs. State of Haryana & another, 1990 U.P.T.C. 198 already over rule by the Hon'ble Supreme Court itself in the case of Hotel Balaji vs. State of Andhra Pradesh A.I.R. 1993 SC 1048?
(iii) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal was legally justified to quash the penalty order passed u/s. 4B (6)( inspite of the fact that the goods manufactured by using raw material purchase against Form 3B were transferred to its branches outside the State of U.P. by way of stock transfer?" The Tribunal has rightly come to the conclusion that the stock transfer would not amount to disposal in order to attract the penalty under section 4B (6) of the U.P. Trade Tax Act as the ownership does not establish in stock transfer.
In view of the above, I see no reason to interfere with the order of the tribunal. No question of law arises. The revision is dismissed as above. No costs. Order Date :- 28.1.2010 rk