THE COMMISSIONER, TRADE TAX Vs. JAIN ENTERPRISES

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 06.10.1998 for the assessment year 1987 -88.

(2.) THE short question involved in the present is that whether wood -wool is a product of timber, liable to tax @ 6% or as an unclassified item @ 8%. Assessing authority taxed the turn over of wood -wool @ 8% treating it as unclassified item. Order of the assessing authority has been confirmed in appeal. Tribunal, however, has accepted the plea of the dealer/opposite party (hereinafter referred to as "Dealer") and held wood -wool liable to tax @ 6% as product of timber.

(3.) RELEVANT notification No. ST -II -5785/X -10(1) -80 -U.P. Act XV/48 -Order -81, dated 07.09.1981 relating to the product of timber or wood -wool is reproduced herein below: