- (1.) Heard Sri R.R Agrawal senior advocate, assisted by Sri Suyash Agrawal learned counsel for the revisionist and learned standing counsel for the Revenue. The only question of law, which is involved in this matter is: "Whether it was open to the Commissioner, Trade Tax, to make any alteration/correction/change/amendment/modification in eligibility certificate dated December 18, 1996 issued by Divisional Level Committee with respect to grant of exemption to the revisionist-assessee with effect from August 9, 1993 after having lost the matter before the Trade Tax Tribunal in view of its judgment dated June 18, 1999 passed in Appeal No. 162 of 1998."
(2.) The brief facts given rise to the present question of law is as under:
(3.) The assessee established a new unit for manufacturing "toffee" on April 1, 1993. The first date of sale was August 9, 1993. The actual investment in the above establishment, as claimed by assessee, was 14,08 lakhs. He moved an application for grant of eligibility certificate under section 4A of the Sales Tax Act, 1943 (hereinafter referred to as "the Act 1948"), which was considered by the Divisional Level Committee, Varanasi, vide its letter No- 3144-49 dated December 18, 1996. It granted exemption for a period of August 9, 1993 to August 6, 2001, or till the date of achievement of 125 per cent, of actual investment, i.e., Rs. 17,60,000 whichever may be earlier Paras 3 and 4 of said order read as under:;