ASHWANI KUMAR MISHRA,J. - (1.) Sri Krishna Agarwal, learned counsel for the revisionist at the very outset submits that order of the tribunal under challenge dated 2.1.2007 is perverse and erroneous inasmuch as the rate of tax at 2.5% has been applied relying upon notification dated 23.11.1998, whereas for the period in question i.e. assessment year 1995-96, the relevant notification would be the notification dated 1.10.1994 and 10.10.1995 as per which the rate of tax would be 2%. Submission is that this aspect has completely been omitted from consideration by the tribunal.
(2.) Learned Standing Counsel on the other hand submits that this specific plea was not pressed before the tribunal.
(3.) The only issue that arises for consideration is as to whether the commodity is to be taxed at the rate of 2% or at the rate of 2.5%?;