Prakesh Krishna, J. - (1.) HEARD the counsel for the parties and perused the record.
(2.) THE dealer -opposite party was carrying on the business of manufacturing and sale of electrical goods. It was a "new unit" within the meaning of Section 4A of the U.P. Trade Tax Act, 1948 and was granted exemption on the turnover of sale for the period up to March 31, 1990, in pursuance of the Notification No. 7558 dated December 26, 1985. In the assessment proceedings for the assessment year 1990 -91, the dealer -opposite party took a stand that the goods which were manufactured up to March 31, 1990 and were in the closing stock of the year stored and sold thereafter were not liable to be taxed in view of the exemption granted to it. The said contention was not accepted by the assessing officer as well as by the first appellate authority. The Tribunal by the order under revision took the view that on the goods manufactured up to March 31, 1990, the dealer -opposite party is entitled for exemption from sales tax on such goods, notwithstanding the fact that those goods were sold subsequent to March 31, 1990, by the order passed in Second Appeal No. 469 of 1999. In the memo of revision, the following question of law has been sought to be raised: 1. Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal is legally justified to hold that the dealer is entitled for exemption under the provisions of Section 4A on the sale of stock after March 31, 1990 despite, the exemption being allowed up to March 31, 1990 on the turnover of sale? Heard Shri B.K. Pandey, learned Standing Counsel for the Department. None is present on behalf of the dealer -opposite party to contest the revision. Affidavit of service has been filed which shows that notice has been duly served on Shri Sanjeev Kumar, one of the partners of the firm. The service of notice is held sufficient.
(3.) THE only question mooted in the above revision is as to whether the goods manufactured by a dealer having eligibility certificate during the course of exemption period but sold after the expiry of the exemption period is liable to be taxed or not.;