Pankaj Gas Cylinders Limited vs State of U.P. and Another

Heard learned counsel for the parties.

The petitioner has challenged the notices dated June 28, 1993 and June 29, 1993 u/s 29-A the of U.P. Sales Tax Act, 1948 (now U.P. Trade Tax Act), for the assessment years 1983-84 and 1984-85, annexures 7A and 7B to the writ petition. The petitioner has prayed that the refundable amount for the assessment years 1983-84 and 1984-85, which has been refunded to the Indian Oil Corporation, should be adjusted towards the admitted tax liability of the petitioner for the assessment year 1989-90.

The facts of the case are covered by a division Bench decision of this Court between the same parties in Pankaj Gas Cylinders Ltd. v. State of U.P. in W.P. No. 380 of 1992 decided on October 19, 1995 by honourable V.N. Khare and honourable R. Dayal, JJ. followed the earlier decision of this Court in Korea (India) Ltd. v. State of Uttar Pradesh [1995] 97 STC 36 : 1995 UPTC 605 vide annexures RA2 and RA3 to the rejoinder-affidavit.

Following the aforesaid decision this writ petition is allowed. The notices dated June 28, 1993 and June 29, 1993 (annexures 7A and 7B to the writ petition) are quashed. The excess amount refunded by the petitioner to the Indian Oil Corporation for the relevant assessment years will be adjusted towards the tax liability for the assessment year 1989-90.