COMMISSIONER OF TRADE TAX Vs. KHAITAN INDUSTRIAL COMPLEX

JUDGEMENT

(1.) This revision is directed against the order dated February 6, 1995 passed by the Trade Tax Tribunal, Ghaziabad, in second appeal No. 17 of 1994 for the assessment year 1988-89 (U.P.).

(2.) The core question involved in the present revision is about the levy of tax on the sale of iron scrap, tin scrap and copper scrap, when the turnover of the manufactured electric stamping and ceiling fans have been granted exemption under Section 4A of the Act.

(3.) Heard, the counsel for the parties and perused the record. The assessing authority as well as the appellate authority refused to grant exemption on the sale of scraps of iron, steel and tin on the ground that the same are not covered by the eligibility certificate. The Tribunal has granted exemption on these items also on the finding that the Full Bench of Tribunal, in the case of assessee has held that no trade tax is payable on such scrap. It has also placed reliance upon a circular dated April 24, 1992 issued by the Commissioner of Sales Tax.