M/S SAHARA INDIA FINANCIAL CORPORATION LIMITED Vs. THE CHIEF CONTROLLING REVENUE AUTHORITY AND ANOTHER

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India has been filed by M/s Universal Dairy Product Pvt. Ltd. praying for a writ of certiorari for quashing order dated 22.02.2007 passed by Commissioner Trade Tax, U.P. (hereinafter referred to as "CTT, U.P.") rejecting petitioner's application to grant moratorium for the unexpired portion of the period of exemption granted to original manufacturer from 23.12.2002 to 30.10.2006. It has also challenged consequential notice dated 14.03.2007 issued by Deputy Commissioner (Assessment), Trade Tax, Agra (hereinafter referred to as "DC(A), TT") demanding payment of interest on the amount of tax for which moratorium was claimed alongwith interest.

(2.) One M/s Devyani Foods Ltd., Agra (hereinafter referred to as "DFL, Agra") was granted eligibility certificate for exemption under Section 5(4A) of U.P. Trade Tax Act, 1948 (hereinafter referred to as "Act, 1948") vide Notification dated 31.03.1995 for a period from 31.10.1996 to 30.10.2006 on a fixed capital investment of Rs. 46,61,085/subject to monetary limit of Rs. 93,22,170/.

(3.) A decision of Divisional Level Committee (hereinafter referred to as "DLC") was communicated to DFL, Agra by Additional Director, Industries, Agra vide letter dated 16.04.2002. DFL, Agra applied for deferment under Section 8(2A) of Act, 1948 read with Rule 43 of Trade Tax Rules, 1948 (hereinafter referred to as "Rules, 1948") in view of exemption granted under Section 4A vide letters dated 14.01.1997 and 26.04.2002.