COMMISSIONER TRADE TAX Vs. S S MADHU STEEL

JUDGEMENT

(1.) The present revision under Section 11 of U. P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Tribunal dated 26.3.1997 relating to assessment year 1989-90.

(2.) The brief facts of the case are that during the year under consideration, opp. party purchased Iron Scrap for Rs. 5,12,205/- from M/S Sumit Industrial Corporation, 29 Ganesh Chandra Avenue, Calcutta and sold the same in the same form and condition in the course of interstate for Rs. 6,11,203.75p against Form -C. Opp. party claimed that since the goods have been sold in the same form and condition in view of Notification No. ST-3618/X-900 (2)-69 dated 01.7.1969, it was liable to tax @ 1%. Assessing Authority issued Show-cause-notice stating therein that the tax on the purchases of goods have not been paid, therefore, sale was liable to tax @ 4%. Opposite party filed reply to the Show-cause-notice and a Certificate of M/S Sumit Industrial Corporation, 29 Ganesh Chandra Avenue, Calcutta, was filed in which, it was stated that 4% lax was paid to S/S Indian Steel & Wire Product Limited from whom they have purchased the said Iron scrap. Assessing Authority however, not accepted the claim of opposite party and levied tax @ 4%. First appeal filed by the dealer was allowed and the claim of tax @ 1% on the aforesaid transaction has been accepted. Appeal filed by the Commissioner of Trade Tax had been rejected.

(3.) Heard Counsel for the parties.