- (1.) Present revision under Section 11 of U.P. Trade Tax Act (hereinafter referred to as "Act") is directed against the order of Tribunal dated 19.01.2000. The dispute relates to the exemption under Section 4-A of the Act.
(2.) Applicant is a company incorporated under the Indian Companies Act, 1956 Applicant had set up a manufacturing unit for cutting and polishing granite rocks into various shapes and sizes in the year 1996. It was alleged in a New unit machineries required for cutting and polishing were installed and they were admittedly new. The total fixed capital investment in the unit was Rs. 40.58.322,20p which comprises of the value of the machinery for Rs. 23.80,950.20p Applicant had one zip crane valuing Rs. 62.400/- which was purchased from Ms R.K Marbles Limited against sale bill No. D-1020 dated 09.10.1995. Applicant applied for exemption on the manufactured product under Section 4-A of the Act. Divisional Level Committee rejected the exemption application on the ground that one of the machine namely zip crane valuing Rs. 62,400- was old/Applicant filed review application, which was also dismissed by the Divisional Level Committee vide order dated 07.01.1998. Applicant filed an appeal before the Tribunal, which was also dismissed by the impugned order dated 19.01.2000. Tribunal has rejected the appeal on the ground that in the unit one zip crane valuing Rs. 62,400/- was admittedly old, therefore, unit of the applicant was not a new unit as defined in the Explanation to Section 4-A of the Act.
(3.) Heard learned counsel for the parties.;