Saumitra Dayal Singh, J. - (1.) Heard Sri K.N. Kumar and Sri Vishnu Kesarwani, learned counsel for the assessee-revisionist and Sri B.K. Pandey, learned counsel for the State-respondent.
(2.) The present revision filed by the assessee arises from the order passed by the Trade Tax Tribunal, Allahabad dated 07.12.2005 in Second Appeal No.192 of 2003 for A.Y.2000-01 (Entry Tax). By that order, the Tribunal dismissed the appeal filed by the assessee and affirmed the assessment and demand of entry tax on machinery imported by the assessee during the A.Y. 2000-2001, but exported outside the country in the year 2004-2005.
(3.) Undisputed facts of the case are that the assessee is an engineering concern. It was awarded contract to construct a stay wired bridge over the river Yamuna, at Allahabad. For the purposes of executing that contract, the assessee imported into the country and the local area, Allahabad, machineries of value Rs.1,30,30,000/-, during the A.Y. 2000-01. The machinery thus imported were amenable to levy on entry tax under the U.P. Tax on Entry of Goods Act 2001 (hereinafter referred to as Old Act). The assessee, at the relevant time, also deposited entry tax on such machinery. Undisputedly, it made use of those machinery in execution of aforesaid contract awarded to it. After its successful completion, the assessee sold those machineries in the course of export trade to a purchaser at South Korea.;