- (1.) Heard learned counsel for the parties and perused the record. The following two questions, which are questions of law, in my view have arisen in both these revisions, though in respect to different financial years, i.e., 2000-01 and 1999-2000, respectively and have been argued by learned counsel for the revisionist: (i) Whether the exemption available under section 4A(2)(c) of the U.P. Trade Tax Act, 1948 (hereinafter referred to as "the Act, 1948") is in respect to base production or production in excess to base production and that has to be with reference to the date of production or for the entire year of production? (ii) Whether Notification No. 7038 dated January 31, 1985 as amended by Notification No. 595 dated April 10, 1999 will cover the tax liability in respect to chicory roots or it is Notification No. 306 dated January 29, 2001?
(2.) So far as first question is concerned, it is not disputed between the parties that it has already been answered by this court in Malviya Chemicals & Pharmaceuticals Pvt. Ltd., Sahibabad, Ghaziabad v. Commissioner, Trade Tax, U.P., Lucknow, 2005 141 STC 194 and this judgment of learned single judge has been confirmed by the apex court in appeal taken by Revenue in Commissioner of Trade Tax, U.P. v. Malviya Chemical and Pharmaceutical Private Limited, 2007 10 VST 656whereby confirming the view taken by this court, Revenue's appeal has been dismissed.
(3.) Since in this regard, the Tribunal has remanded the matter to the assessing authority, in my view, he shall look into this aspect in the light of the aforesaid decisions and this question is answered accordingly.;