Saumitra Dayal Singh, J. - (1.) Heard Sri Nishant Mishra, learned counsel for the applicant and Sri Jagdish Mishra, learned Standing Counsel.
(2.) The present revision has been filed by the applicant-assessee against the order dated 17.09.2018 passed by the Commercial Tax Tribunal, Lucknow in Appeal No. 8 of 2017 [against order under Section 4A(3)] of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act'). By that order, the Tribunal had rejected the appeal filed by the assessee against the order dated 02.08.2017 passed by the Commissioner, Trade Tax, under Section 4A(3) of Act. The present revision was admitted on the following question of law:- "Whether order dated 2.8.2017 passed under Section 4-A(3) of erstwhile U.P. Trade Tax Act, 1948, cancelling eligibility certificate dated 26.10.2002 which was valid from 30.03.2000 to 29.03.2008, is barred by limitation?"
(3.) Briefly, the applicant established a 'new unit' Section 4A of the Act to manufacture Industrial Composite Solvent. It applied for and was granted eligibility certificate (for the purpose of Section 4A of the Act), on 26.10.2002, for the period 30.03.2000 to 29.03.2008. It has also not disputed, for the A.Y. 2000-01 and 2001-02, the benefit of exemption was granted to the assessee in view of the eligibility certificate dated 26.10.2002.;