MAITRI STEELS LIMITED Vs. COMMISSIONER, TRADE TAX

JUDGEMENT

(1.) Present revision under Section 11 of U.P. Trade Tax Act (hereinafter referred to as ''Act") is directed against the order of Tribunal dated 23rd September, 2003 by which the appeal filed by the applicant against the order of the Divisional Level Committee dated 08.05.2003.

(2.) Brief facts of the case are that the applicant established a new unit for the manufacture of flats, rounds, joist, angle etc. Applicant claimed to be a Small Scale Industry and accordingly a certificate was issued by the Director of Industries, U.P. on 16th October, 1992. First sale was made on 30th September, 1992. Applicant applied for exemption under Section 4-A of the Act which was allowed by the Divisional Level Committee and eligibility certificate was issued on 12th July, 1994 granting exemption for the period of 10 years from 30th September, 1992 or 150 percent of the capital investment of Rs. 91,72,447/- whichever expire earlier. Applicant moved review application on 09.08.1994 under Rule 25 (3) (c) of the Act on two grounds, namely, (1) that the investment made in the construction of residential houses for the workers at Rs. 1,89,100/- should be added in the fixed capital investment. (2) Applicant unit is a Small Scale Industry under the guidelines of the Central Government, Department of Industries letter No. S.O.-232 (E) dated 02.04.1991 and hence under notification No. ST-II-1093/X1-7 (42)-86-UP Act-XV/48-Order-91, dated 27.07.1991 entitled for 175 percent of the fixed capital investment. Divisional Level Committee vide its order dated 08.05.2003 rejected both the aforesaid claims Against the said order, appeal was filed before the Tribunal which has also been rejected.

(3.) Heard learned counsel for the parties.