Saumitra Dayal Singh, J. - (1.) Heard Sri Ashok Shankar Bhatnagar, learned counsel for the applicant-assessee and Sri B.K. Pandey, learned Standing Counsel for the State-opposite party.
(2.) The present revision has been filed for the A.Y. 1998-99 (U.P.). Upon hearing, the matter has been heard on the following questions of law: "(i) Whether, the activity of lacquering of hardware and locks amounts to manufacture for the purpose of U.P. Trade Tax Act, 1948? (ii) Whether, the finding recorded by the Tribunal that the assessee had engaged in lacquering activity, on its own account, is based on any material and evidence?"
(3.) In brief, the assessee is a trader in hardware and locks. The assessee had been purchasing hardware and locks from unregistered dealers. According to the assessee, during the assessment year in question, the assessee purchased the hardware and locks from unregistered dealers after approving their quality at its own business premises. Upon such approval being made, the goods were first lacquered and polished by the sellers admittedly at its place of business and thereafter the same were purchased by the assessee. ;