Rajes Kumar, J. - (1.) Present four revisions under Section 11 of U.P. Trade Tax Act (hereinafter referred to as "Act") are directed against the order of Tribunal dated 18th August, 2003 relating to the assessment years, 1994-95 and 1995-96, both under the U.P. Trade Tax Act and Central Sales lax Act.
(2.) Applicant is a roller flourmill engaged in the manufacturing of Atta, Maida, Suji ad bran. It is registered under the U.P. Trade Tax Act and Central Sales Tax Act. Its unit being a new unit under Section 4-A of the Act has been granted an eligibility certificate by the Divisional Level Committee granting exemption from payment of tax for the period 1.2.1995 to 31.1.2005. As per the eligibility certificate, the applicant was entitled to the benefit of tax upto the maximum monetary limit of Rs. 2,78,54,659.50 being 150 percent of the fixed capital investment. Applicant being a manufacturer is also holding recognition certificate under Section 4-B of the Act. Under the notification issued in exercise of powers under Section 4-B of the Act. applicant was liable for the benefit of concessional rate of tax and was liable to pay tax on wheat at the rate of two percent on furnishing of Form III-B. Applicant claimed that the wheat were purchased against Form III-B on payment of two percent tax.
(3.) Under the Notification No. TT-2-1902/Xl-9-(6)-94-U.P. Act-15-48-Order-94, dated May 31, 1994 issued in exercise of powers under Section 3-A of the Act, Atta, Maida and Suji manufactured from wheat on which tax had been paid under the U.P. Trade Tax Act was liable to tax in the hands of importer or manufacturer at the rate of two percent. Under Entry 7 (a) of the aforesaid notification, it was further provided that Atta, Maida and Suji not covered by entry (a) was liable to tax in the hands of manufacturer or importer at the rate of four percent, in addition to the aforesaid liability of tax, applicant was liable to pay additional tax at the rate of 0.5 percent.;