ASHWANI KUMAR MISHRA,J. - (1.) Tribunal has returned a finding that in terms of notification issued by the State on 7.3.2005, the assessee was entitled to retain 5% amount paid towards entry tax out of its own pocket, from the tax realized from sale of goods. Consequently, the order passed by the assessing authority, as affirmed in appeal, has been set aside. The demand raised from the assessee accordingly has been dropped. Aggrieved by such order of tribunal, the revenue is before this Court in the present revision.
(2.) Learned Standing Counsel states that by virtue of the notification, the assessee could realize only 1% of the sale amount and the benefit of payment of tax to the extent of 5% was liable to be extended to the consumer and such amount cannot be retained by the assessee.
(3.) The submission is opposed by the counsel appearing for the assessee contending that the order of the tribunal is consistent with the notification dated 7.3.2005 inasmuch as the object is to compensate the assessee for the entry tax amount, which it has paid out of its own pocket.;