RAJES KUMAR, J. - (1.) PRESENT revision under Section 11 of U.P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Tribunal dated 26th May, 2006 relating to the assessment year 1996 -97.
(2.) THE following questions have been referred in the present revision: 1. Whether the benefit of exemption having been given to the goods manufactured in the new unit during the specified period, sale of such goods manufactured in the new unit even if made after specified period, is entitled for exemption ? 2. Whether the objection of Section 4A (1) of the Act as well as Notification No. 7558 dated 26 -12 -1985 being for promoting development of industries and increasing production of goods, object sought to be achieved by the Legislature cannot be curtailed or taken away by giving interpretation as held by the Trade Tax Tribunal 3. Whether the interpretation given by the Tribunal in respect of the goods manufactured during the period of exemption and sold thereafter is contrary to the object of the provisions of the Act and the Notification issued there under ? 4. Whether the applicant was bonafidely believing that the applicant is entitled for exemption in respect of all goods sold by the applicant which were manufactured in the new Unit during the period of seven years specified it the eligibility certificate having not realised any tax on the disputed turnover of tax from its customers there is no liability for payment of tax treating the assessed tax as admitted tax ? 5. Whether in any view of the matter the order of the Tribunal is liable to be set aside ? Brief facts of the case are that the applicant is a Public Limited Company incorporated under Indian Companies Act, 1956 and is registered both under the U.P. Trade Tax Act and Central Sales Tax Act. Applicant had established a new unit at Sathariya, district Jaunpur for manufacturing of pressure cooker. The production was started on 28.02.1990. Applicant claimed for exemption under Section 4 -A of the Act being a new unit on the sale of its manufactured product. Divisional Level Committee allowed the claim of exemption and issued eligibility certificate on 28.01.1992 for the period of seven years from 20.03.1991 to 19.03.1998.
(3.) IN the present case, the dispute relates to the levy of tax on the turn over of sales made after 19.03.1998 for Rs. 91,75,055/ -. Assessing authority levied the tax on the aforesaid turn over on the ground that the sales relate to the period after 19.03.1998 when the period of exemption had been expired. Assessing authority also demanded the interest under Section 8 (1) of the Act on the tax assessed treating it as admitted tax. Order of the assessing authority has been confirmed by the first appellate authority and by the Tribunal. It appears that initially in the eligibility certificate inadvertently period of exemption has been mentioned as 21.03.1991 to 19.03.1998 but subsequently, it has been rectified and exemption was granted for the period 20.03.1990 to 19.03.1997.;