ARUN TANDON,J. - (1.) Heard Sri Bharatji Agarwal, Senior Advocate assisted by Sri Piyush Agarwal, Advocate on behalf of revisionist -applicant (Assessee) and learned Standing Counsel on behalf of respondent (department.
(2.) REVISIONIST -assessee is a private limited company duly incorporated under the Companies Act. The revisionist company applied for grant of exemption certificate under Section 4 -A of the UP. Trade Tax Act for a period of six years. The application so made by the revisionist -assessee was processed and an exemption certificate dated 13th November, 1984 for the period of six years i.e. 1st May, 1984 to 30th April, 1990 was granted in favour of the petitioner. However, on certain facts being brought to the notice of the department, a show -cause notice under Section 4 -A (3) of the UP. Trade Tax Act was issued qua cancellation of the eligibility certificate on the ground that the Assessee has installed used machinery/ leased second -hand machineries, and lastly the Assessee instead of manufacturing has traded in Marbles on which no tax has been deposited in the State of Uttar Pradesh.
(3.) TO the show -cause notice so issued, the Assessee submitted reply vide his letter dated 13th November, 1987.;