ASHWANI KUMAR MISHRA,J. - (1.) Revenue is before this Court in the present revision against an order passed by the Commercial Tax Tribunal, Bareilly Division, Bareilly dated 5.7.2017, whereby the second appeal filed by the Assessee has been allowed.
(2.) The dispute relates to import of iron and steel for the purpose of construction of a storage tank within the local area concerned. The revisionist is a registered dealer engaged in sale and purchase of edible oil. The import of iron and still was for construction of storage tank, which according to Assessee was included within the definition of capital goods as defined under Section 2(f) of U.P. VAT Act. Such import was claimed to be exempted from levy of tax by virtue of Notification dated 18th February, 2003 issued under Section 4B of the U.P. Tax On Entry of Goods Act, 2000. The Tribunal has accepted the contention of the Assessee and it has been observed that import of iron and steel being for capital goods would be covered by the exemption Notification under the U.P. Tax On Entry of Goods Act 2007 also. Aggrieved by this order, the Revenue is up in revision before this Court.
(3.) Learned Standing Counsel submits that iron and steel was not specifically mentioned as an item liable to payment of entry tax in the schedule appended to the U.P. Tax On Entry of Goods Act, 2000, whereas iron and steel is now specifically included in the schedule appended to the U.P. Tax On Entry of Goods Act, 2007. Submission is that the Notification dated 18th February 2003 would not be saved by virtue of Section 17 of the U.P. Tax On Entry of Goods Act, 2007.;