- (1.) We have heard Shri Bharat Ji Agarwal, Senior Advocate assisted by Shri Piyush Agrawal for the petitioner-company. Shri S.P. Kesarwani, Additional Chief Standing Counsel appears for the respondents.
(2.) The petitioner-company is aggrieved by notices dated 10.3.2004 and 17.3.2004 under Section 21 (2) of the U.P. Trade Tax Act, for reassessment of the completed assessments of the years 1997-98, 1998-99, 1999-2000 and 2000-2001. It has also prayed for quashing the order dated 1.2.2004 passed by the Additional Commissioner, Trade Tax, Allahabad, by which he has, in exercise of powers given to him under the proviso to Section 21 (2) of the Act, granted sanction to the Deputy Commissioner (Assessment), Trade Tax, Range-I, Allahabad for reassessment of escaped turnover.
(3.) The petitioner is a Public Limited Company engaged in manufacture and sale of paper in its factory at Rae Bareli. The company is registered both under the U.P. Trade Tax Act, and Central Sales Tax Act. It is stated that the company does not have electric connection from U.P. State Electricity Board or from any other source, at its factory or residential premises at Rai Bareli. The entire manufacturing process is dependent on the electricity generated from the four diesel generating sets with capacity of more than 1000 KVA each. The generating sets are installed at the factory site situated at Rae Bareli, where the entire manufacturing activity is undertaken. The factory runs exclusively from the power generated by the diesel generating sets.;