Rajes Kumar, J. - (1.) THIS is a revision under Section 11 of the U.P. Trade Tax Act, 1948 at the instance of the Revenue against the order of the Tribunal dated May 14, 2001 for the assessment year 1994 -95.
(2.) THE Revenue has raised the following question for consideration by this Court: 1. Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal is legally justified to hold that 'panjon' is bulk drug and is taxable at the rate of six per cent under Notification No. 1912 dated June 1, 1994 despite panjon or its formulation are not specified under Schedule First or Second to the Drug (Prices Control) Order, 1987? The applicant was dealing in sugar candy, confectionery, plastic goods, chewing gum, panjon, etc. The dealer has admitted the liability of tax on the sale of panjon at the rate of six per cent plus surcharge under Notification No. ST -2 -1912/IX dated June 1, 1994. Treating it as a bulk drug the assessing authority has not accepted the plea of the dealer and has assessed panjon at the rate of eight per cent plus surcharge.
(3.) BEING aggrieved by the order, the dealer filed an appeal before the Deputy Commissioner (Appeals), Trade Tax, Ghaziabad. The Deputy Commissioner (Appeals) has accepted the plea of the dealer and held that panjon is a drug containing paracetamol and is a bulk drug, which is notified under the Second Schedule of the Drug (Prices Control) Act and is liable to tax at the rate of six per cent.;