Heard learned standing counsel for the State and Sri Krishnaji Agarwal for the assessee. This revision has been filed by the State under Section 11(1) of the U.P.Trade Tax Act for the assessment year 1989-90 against the order of the Tribunal dated 14.12.2000.
The questions of law referred to are hereunder: "i. Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal was legally justified to hold that the purchase of oil cake sold to recognition certificate holder against form 3B is exempt from tax, without considering the provisions of Section 4-B(1)(a-1) of the U.P.Trade Tax Act ?
ii. Whether on the facts and in the circumstances of the case, the order of the Trade Tax Tribunal is correct in view of the decision of this Hon'ble Court in the case of CTT vs. Malti Devi, Deoria- U.P.T.C.-294 ?"
After hearing counsel for both the sides and perusing the record it became clear that the oil cake is not a declared commodity and therefore, the decision of the Tribunal in this regard is not correct. It is set aside that the assessee is not entitled to the benefit granted by the Tribunal as oil cake is not a declared commodity.
The order of the Tribunal is set aside. The revision of the State is allowed.
Order Date :- 2.2.2010 AKJ