R.K.Agrawal, J. - (1.) The present revision has been filed by the Commissioner of Sales Tax, U.P., Lucknow, against the judgment and order dated August 30, 1990 passed by the Sales Tax Tribunal, Meerut Bench-I, Meerut in Miscellaneous Appeal No. 17 of 1987 (1982-83) by which the application filed under Section 22 of the U.P. Sales Tax Act hereinafter referred as the Act has been rejected.
(2.) Briefly stated the facts giving rise to the present revision are as follows : The assessee-opposite party is a registered dealer under the provisions of the U.P. Sales Tax Act and is engaged in the business of sale of jewellery and silver ornaments. For the assessment year 1982-83 the assessee-opposite party disclosed its gross turnover at Rs. 6,79,954.21 and net taxable turnover at Rs. 1,35,209.61. It also disclosed taxable purchase at Rs. 16,470.14. The assessing authority did not accept the assessee's books of account and the disclosed turnover and made best judgment assessment determining the taxable purchase at Rs. 3,54,864.92 and taxable sales at Rs. 1,35,209.61.
(3.) Feeling aggrieved by the said order the assessee-opposite party preferred an appeal under Section 9 of the Act before the Assistant Commissioner (Judicial), Sales Tax, Meerut who vide order dated January 8, 1986 allowed the appeal and remanded the matter back to the assessing authority for fresh assessment. The assessee-opposite party preferred a second appeal under Section 10 of the Act before the Sales Tax Tribunal, Meerut. The Sales Tax Tribunal, Meerut vide order dated April 30, 1986 allowed the appeal and accepted the books of accounts and the disclosed turnover. It may be mentioned here that the assessee-opposite party had sold old ornaments worth Rs. 3,38,394.78, which it had purchased from unregistered dealers in the same form and conditions. Vide Notification No. ST-II-5787/X-10(l)80-U.P.Act-15/48-Order-81, dated September 7, 1981 issued under Section 3-D(l)(b) of the Act bullion and specie including old ornaments meant for melting were liable to tax at the point of first purchase. The aforesaid notification was amended by Section 11 of the U.P. Sales Tax (Amendment and Validation) Ordinance, 1987 (U.P. Ordinance No. 8 of 1987) in which the entry relating to bullion and specie was amended. The amended entry read as follows : Bullion and specie, including old ornaments, old wares and other old articles made from gold or silver or any alloy thereof.;