RAJAN ROY,J. - (1.) Heard.
(2.) This revision has been pending since 2003. Surprisingly it has not been admitted yet though on 21.03.2003 after summoning the records an interim order was passed restraining the recovery of tax due from the revisionist under the impugned order.
(3.) The matter has been heard on admission. The short point involved in this Revision is as to whether the Revisionist which is a Company i.e. M/s. Singhal Thermopack Pvt. Ltd with its registered office at Moradabad fulfilled the condition of Notification dated 22.12.2001 issued under Section 4-A of U.P. Trade Tax Act, 1948 regarding exemption from the Trade-tax or not. The Assessing Authority and the Tribunal have arrived at the conclusion that the condition that the unit seeking exemption under the said Notification should have applied for loan from a regular Financial institution by 31.03.2000 which is the cut off date mentioned in the Notification, but the Revisionist had applied for such loan on 03.04.2000. This matter was heard earlier on 11.01.2018 and following order was passed:- "Heard. List on 25.1.2018 to enable the learned counsel for the revisionist to satisfy the Court as to when the revisionist-Company was incorporated as per the Companies Act 1956 and whether the loan was in the name of the Company or for the Company as per law. Interim order which had been granted earlier shall remain in operation till the next date, unless of course the amount due has already been recovered from the revisionist.";