Rajes Kumar, J. - (1.) By means of the present writ petition, the petitioner has claimed the following reliefs. i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated5.1.2001 passed by the Respondent No.2 and also the notice dated 6.2.2001 issued by the respondent No.3 (Annexure No.5 and 7 to the writ petition) and to allow the application of the petitioner for deferment/moratorium of payment of tax; ii) issue such other and further writ, order or direction which this Hon'ble. court may deed fit and proper ind the nature and circumstances of the present case, iii) award costs of the petition to the petitioner.
(2.) The brief facts of the case-giving rise to the present petition are as follows: The petitioner is a private limited company incorporated under the Indian Companies Act, 1956, The petitioner established a new industrial undertaking for the manufacture of ferrous and non-ferrous castings and steel fabrication situate at F-23. Section 17, Kavi Nagar Industrial Area, Ghaziabad. Being a new unit, the petitioner applied for eligibility certificate under Section 4-A of the U.P. Trade Tax Act (hereinafter referred to as "the Act") under the notification No.780 dated 31st March 1995 and notification No. 781 dated 31st March, 1995 under Section 4-A of the Act both for exemption under the U.P. Trade Tax Act and Central Sales Tax Act. The Divisional Level Committee issued an eligibility certificate No.5053 dated 28th January, 2000 granting exemption for a period of eight years from the date of first sale i.e. from 15th September, 1998 to 14th September, 2006. The petitioner contended that in the exemption application moved under Section 4-A of the Act. the petitioner has specifically requested for the grant of eligibility certificate in respect of trade tax exemption under the deferment scheme. According to the petitioner after the receipt of the eligibility certificate dated 28th January, 2000, it moved an application to the Commissioner of Income Tax, U.P., Lucknow for the grant of moratorium under Section 8 (2-A) read with Rule 43 which was received in the office of the Deputy Commissioner (Executive), Ghaziabad on 7.2.2000. The Commissioner of Income-tax vide impugned order dated 5th January. 2001 rejected the claim of moratorium under Section 8 (2-A) of the Act on the ground that the petitioner has not realised any tax during the period 15.09.1998 to 19.2.1999 and availed the benefit of exemption under Section 4-A of the Act. It has been held that since the petitioner has availed the exemption under Section 4-A of the Act during the aforesaid period in view of Rule 43(8), the petitioner-is not entitled for moratorium under Section 8 (2-A) of the Act.
(3.) We have heard Sri Ashok Kumar, learned counsel for the Petitioner and Sri S.P. Kesharwani, learned Standing Counsel appearing on behalf of the respondents.;