Rajes Kumar, J. - (1.) Present revision Section 11 of U.P. Trade Tax Act (hereinafter referred to as "Act")is directed against the order of Tribunal date 04.08.1994, by which the order of the Commissioner of Trade Tax under Section 4-A (3) of the Act canceling the eligibility certificate, issued under Section 4-A of the act has been confirmed.
(2.) Brief facts of the case are that the applicant established a new unit for the manufacture of Enameled wire and was issued eligibility certificate under Section 4-A of the Act on 26.03.1990 by the Joint director of Industries, Varanasi granting exemption from the payment of tax on the goods manufactured by it for the period of five years w.e.f. 01.11.1986. Production was started on 30.10.1986. Land was taken on lease. Initially the lease deed was executed w.e.f. 01.08.1985 for the period of five years on 27.07.1985. This was unregistered lease deed Subsequently, another lease deed was executed for the period of 10 years w.e.f. 01.08.1985 for the period of five years on 27.07.1985. The was unregistered lease deed. Subsequently, another lease deed was executed for the period of 10 years w.e.f.01.08.1985 and the same was got registered on 13.04.1988. During the processing of the exemption application both lease deed have been taken into account and therefter, eligibility certificate was issued on 26.03.1990. Subsequently at the instance of the Deputy Commissioner (Executive), Trade Tax, Commissioner of Trade Tax issued a notice under Section 4-A(3) of the Act for cancellation of the eligibility certificate on the ground that on the date of Production, there was no registered lease deed. Applicant filed their reply but the same was not accepted and vide order dated 15.10.1991 eligibility certificate was cancelled under Section 4-A(3) of the Act. Applicant filed appeal before the Tribunal. which was dismissed.
(3.) Heard Sri P.K. Mishra, learned counsel for the applicant and learned Standing Counsel.;