- (1.) Raising the common questions of law relating to four different assessment years 2000-2001 to 2003-2004 in respect of interstate sales, the Petitioner has questioned the sanction granted to reopen the assessments by the Additional Commissioner Grade-I, Trade Tax, Ghaziabad Zone, Ghaziabad under Section 21 (2) of the under the U.P. Trade Tax Act (the Act).
(2.) The facts are not much in dispute. The Petitioner is carrying on the business of manufacture and sale of steel wire and is holding a recognition certificate under Section 4-B (2) of the Act. For the purposes of manufacturing and selling of steel wires, it purchases raw material namely wire rods against Form 3-B on payment of tax at the rate of two per cent to its selling dealer. In all these assessment years, regular assessment orders were framed on 8.1.2003, 16.2.2004, 17.3.2005 and 30.3.2006 respectively. The turnover of interstate sales of steel wire was exempted therein on the ground that it was manufactured out of tax paid steel rod.
(3.) The Assessing Officer approached the Additional Commissioner Grade-I, Trade Tax, Ghaziabad for grant of permission to reassess the turnover of steel wire in respect of interstate sales on the ground that the said turnover has escaped the assessment. The Petitioner does not fulfil the conditions as provided by the notification dated 13th of September, 1990 for grant of exemption on the said turnover.;