A.K.YOG, J. - (1.) CARBON Crafts Pvt. Ltd., a private limited Company incorporated under Indian Companies Act, is registered under U.P. Trade Tax Act (called TT Act) and under Central Sales Tax Act (called CST Act). The petitioner owns a Factory at village - Dhanpalpur, Mohansarai, P.O. Raja Talab, Vranasi which carries on Electro Paste Carbon prepared from raw material 'Calcined Petroleum Coke' which is being imported by the petitioner from outside State of U.P. The Factory of the petitioner lies within territorial jurisdiction of Respondent No. 2/Deputy commissioner (Assessment -III) Trade Tax, Varanasi/Assessing Aurthority.
(2.) ACCORDING to the petitioner, raw material - 'Calcined Petroleum Coke' is a petroleum 'by product' obtained as residue during refining of crude petroleum and said product is purchased as raw material from Graphite India Limited, Phulwaria, P.O. Barauni, District -Begusarai (Bihar). The petitioner informed the Assessing Authority on 2 -9 -2005 that he is importing 'Calcined Petroleum Coke' which does not fall within the purview of 'U.P. Tax on Entry of Goods Act'. However, the Assessing Authority passed an order on 26 -9 -2005, relying upon the Apex Court judgment in the case of India Carbon v. Superintendent Tax 1971 (28) STC 603; copy of which is Annexure -2 to the petition.
(3.) CONTROVERSY , in the instant case between the petitioner and Assessing Authority depends upon interpretation of 'Entry 17' mentioned in the Schedule notified under Section 4(1) of U.P. Tax on Entry of Goods Act.;