- (1.) By means of the present petition the petitioners are seeking a writ, order or direction declaring entry No. 8 of Notification No. S. T. I. F.-2- 2375/XI-9(251)/97-U. P. Act-15-48-Order-98 dated November 23, 1998 and entry No. 5 of Notification No. 306 dated January 29, 2001 insofar as it relates to the imposition of tax on wires made wholly or principally of stainless steel in excess of four per cent, as illegal, invalid and void and further seeking a direction in the nature of writ of certiorari quashing the notice dated March 27, 2006, passed by the Deputy Commissioner (Assessment), Trade Tax, Ghaziabad, under Section 21 of the U. P. Trade Tax Act, 1948 (called, "the Act", for short) and order dated March 27, 2006, passed by the Additional Commissioner, Grade I, Trade Tax, Ghaziabad Zone, Ghaziabad, under Section 21(2) of the Act for the assessment year 1999-2000.
(2.) Petitioner No. 1 (hereinafter referred to as, "the petitioner") is a public limited company incorporated under the Indian Companies Act, 1956 and is engaged in the business of manufacture and sales of stainless steel wires.
(3.) The contention of the petitioner is that stainless steel wire is one of the species of iron and steel under Section 14(iv) of the Central Sales Tax Act and, therefore, cannot be subjected to tax in excess of four per cent in view of Section 15 of the Central Sales Tax Act (called "the Central Act" for brevity).;