BHARATI SAPRU, J. - (1.) HEARD learned Senior Counsel Shri Bharatji Agrawal assisted by Shri Piyush Agrawal for the revisionist and Shri B.K. Pandey, learned Standing Counsel for the State.
(2.) THIS revision petition has been filed by the revisionist against the order of the Trade Tax Tribunal dated December 26, 2002 by which the Trade Tax Tribunal dismissed the appeal of the revisionist before the Trade Tax Tribunal, being Appeal No. 120 of 1998 and has confirmed the order of the Commissioner, Trade Tax dated March 23, 1998 by which the eligibility certificate granted to the revisionist under Section 4A(2) has been cancelled by the authority under the provisions of Section 4A(3) of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act'). The revisionist is a public limited company under the Indian Companies Act, 1956 and had established a new unit at C -4, Industrial Area, Sikan -derabad, District Bulandshahar for the manufacture of television sets. This unit was established by the revisionist in view of the incentive scheme announced by the State Government for the grant of exemption from the payment of tax under Section 4A of the U.P. Trade Tax Act, 1948.
(3.) SINCE the revisionist fulfilled the eligibility criteria for the grant of exemption certificate under Section 4A(2) of the aforesaid Act, it was granted eligibility certificate on January 11, 1985 for a period of six years beginning from May 14, 1984 to May 13, 1990. This exemption was granted to the revisionist in respect of the manufacture and sale of colour television sets as well as black and white television sets. In pursuance to the grant of exemption certificate, the revisionist did not either realise any tax nor deposited any tax during the said period.;