Satish Chandra, J. - (1.) ALL the revisions have been filed by the asses -sees under Section 11 of the U.P. Trade Tax Act, 1948, against the different judgment/order passed by the U.P. Trade Tax Tribunal, Lucknow, for the assessment years mentioned above.
(2.) SINCE the controversy involved in the abovementioned revisions is almost identical along with the facts and circumstances, all the revisions are decided by this common order. In all the revisions, during the assessment years under consideration, the Assessees were engaged in the manufacture and sale of rice. Each Assessee was enjoying the eligibility certificate issued under Section 4A of the Trade Tax Act for a particular period or tax rebate on the fixed capital investment as mentioned in the relevant certificate. The Assessees have purchased the paddy as raw material and paid the tax. The Assessees have claimed the set -off of the tax already paid on the paddy as per Section 4BB before getting the benefit in the computation to be made under Section 4A of the U.P. Trade Tax Act. The same was allowed in a few cases by the assessing officer. However, in a few cases, it was not allowed. Where the benefit was allowed, the assessing officer has recalled the same. In both the situations, the Assessees have approached the first appellate authority who has allowed the claim of the Assessees. Being aggrieved, the Department has filed appeals before the Tribunal. The single member of the Tribunal has allowed the appeal filed by the Department and restored the order passed by the assessing officer where he has denied/recalled the benefit already given pertaining to the tax paid on paddy. Not being satisfied, the Assessees have knocked the door of this Court through the present revisions.
(3.) WITH this background, Sri Pradeep Agarwal, learned Counsel for the revisionists, submitted that each Assessee has established a new unit for making rice from paddy and applied the eligibility certificate which was granted under Section 4A of the Act. As per Section 4BB, the Assessees were entitled for set -off of the tax already paid on the purchase of raw material, i.e., paddy. To this effect, the Commissioner has issued a circular No. 554 dated July 22, 2004. He further submitted that on the basis of the circular and statutory provisions, the Assessees have moved necessary applications claiming the benefit under Section 4BB but in a few cases, the assessing officer has rejected the application filed by the Assessee. However, in some cases, the assessing officer has allowed the claim of the Assessee but the same was recalled. Being aggrieved, the Assessees have filed the first appeal before the first appellate authority who has allowed the claim of the asses -see. Not being satisfied, the Department has filed an appeal before the Trade Tax Tribunal who vide its impugned order has allowed the appeals filed by the Department and wrongly denied the benefit given by the first appellate authority. He further submitted that a Division Bench of the Tribunal has earlier decided a few appeals on the merits in similar situation and has allowed the claim of the Assessees. For this purpose, he has drawn the attention to the order passed by the Trade Tax Tribunal in the case of Commissioner Trade Tax v. Sri Bhagwan Rishab Nath (Second Appeal Nos. 298 and 299 of 2005). However, he submitted that the single member who was the part of the Division Bench has denied the benefit of Section 4BB to the revisionists. Lastly, he made a request that the impugned order passed by the Trade Tax Tribunal may kindly be restored.;