- (1.) These are two revisions against the order of the Tribunal dated January 2, 2004 for the assessment year 2000-01 both under the U.P. Trade Tax Act 1948 as well as under the Central Sales Tax Act, 1956. The applicant established a unit for the manufacturing of rims and steel wheels. It appears that the unit has undergone expansion under the expansion scheme under section 4A of the U.P. Trade Tax Act 1948 (hereinafter referred to as, "the Act"). Under the expansion scheme, the applicant has moved an application for exemption. The said application has been allowed and an eligibility certificate has been issued on September 28, 2001 granting exemption for the period November 9, 1998 to November 8, 2006 on a capital investment of Rs. 16,27,141. However, the effective exemption has been granted from the date of application, namely, March 25, 2000. It appears that the applicant has realized the tax from its customers during the period July 6, 2000 to November 8, 2000 both under the U.P. Trade Tax Act as well as under the Central Sales Tax Act and deposited the same with the Department. During the course of the assessment proceeding for the period July 6, 2000 to November 8, 2000, the applicant has claimed 100 per cent exemption on the turnover as per the notification. The assessing authority has allowed 100 per cent exemption from tax on the turnover during the aforesaid period. There is no dispute in this regard. During the course of assessment proceeding, the applicant claimed the refund of the excess deposit of tax at Rs. 1,30,651 under the Act and a sum of Rs. 5,314 under the Central Sales Tax Act. The refund has been refused under section 29A of the Act.
(2.) Being aggrieved by the order, the applicant filed two appeals before the Joint Commissioner (Appeal), Trade Tax, Ghaziabad. Both the appeals have been dismissed vide order dated July 30, 2003. The applicant further filed two appeals before the Tribunal, which have been dismissed by the impugned order.
(3.) Heard Sri N.C. Gupta, learned counsel for the applicant and Sri B.K. Pandey, learned standing counsel.;