R.K. Agrawal, J. - (1.) Hindustan Coir Products Ltd., Sikanderabad, District Bulandshahr, was granted an eligibility certificate under the provisions of Section 4-A of the U.P. Trade Tax Act, 1948 by the District Level Committee granting exemption from payment of tax on the sale of finished goods for a period of six years with effect from January 7, 1988 to January 6, 1994. The unit of Hindustan Coir Products Ltd, was financed by the U.P. Financial Corporation. On account of non-payment of instalments and interest by the Hindustan Coir Products Ltd., the U.P. Financial 'Corporation took over the possession of the unit and sold it to Super Coir India, Sikanderabad, Bulandshahr, on January 8, 1992. The purchaser firm, namely, Super Coir India made an application under Section 4A(2B) of the Act on March 4, 1992 before the Commissioner of Trade Tax for continuing the facility of exemption for the remaining period.
(2.) It appears that the Commissioner of Trade Tax had initiated proceedings under Section 4A(3) of the Act against Hindustan Coir Products Ltd., on the ground that the said unit has discontinued production since March 1, 1990 and the discontinuance of production has been for more than six months at a stretch. From the record it further appears that the Commissioner, Trade Tax, had passed an order on March 9, 1998 ex parts whereby he had cancelled the eligibility certificate issued to Hindustan Coir Products Ltd. No notice was given to the purchaser firm, namely, Super Coir India. When it came to know about the order dated March 9, 1998 it felt aggrieved by the said order and thereafter filed an appeal under Section 10(2) of the Act before the President, Trade Tax Tribunal, U.P., Lucknow, a copy whereof has been filed as annexure 2 to the revision. The Tribunal by the impugned order dated April 6, 2000 had dismissed the appeal filed by the present applicant.
(3.) I have heard Shri V.K. Shukla, learned counsel for the applicant and Shri S.D. Singh, learned Standing Counsel who represents the respondents.;