COMMISSIONER, TRADE TAX Vs. MANAVA GRAMODYOG MANDAL

JUDGEMENT

(1.) PRESENT three revisions under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') are directed against the order of the Tribunal dated June 28, 2002 relating to the assessment years 1996 -97, 1997 -98 and 1998 -99.

(2.) AT the instance of the Revenue, following questions have been raised in each year. Assessment year 1996 -97. (i) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal is legally justified to hold that the exemption unit available up to turnover of Rs. 50,00,000 is applicable for the units of an institution separately under Notification No. 709 dated February 27, 1997?Assessment year 1997 -98. (ii) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal is legally justified to hold that the amount received for sale is not part of turnover? Assessment year 1998 -99.(i) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal is legally justified to hold that the exemption unit available up to turnover of Rs. 50,00,000 is applicable for the units of an institution separately under Notification No. 709 dated February 27, 1997?

(3.) FOR the assessment year 1997 -98 dealer had received certain compensation from the purchasing party on account of non -lifting of the goods. The assessing authority treated the said amount as part of the turnover. The first appellate authority has accepted the plea of the dealer and held that it was not a part of the turnover. Tribunal by the impugned order upheld the view of the first appellate authority.