KASHI ORNAMENT HOUSE Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) IN these four revisions, common questions of law and facts are involved. The assessment years involved are 1977 -78, 1978 -79, 1979 -80 and 1980 -81.

(2.) THE applicant is carrying on the business of gold, jewellery, silver ornaments, etc. It is a registered dealer under the provisions of the U.P. Trade Tax Act, 1948 as also under the Central Sales Tax Act, 1956. In these years, the tax was levied under Section 3AAAA of the U.P. Trade Tax Act. The levy of tax was set aside by the Tribunal as in the meantime the aforestated section was declared 'ultra vires' by this Court in Pioneer Tanneries and Glue Works, Kanpur v. State of Uttar Pradesh [1991] 83 STC 1 (All) : [1991] UPTC 585. Thereafter the aforestated section was amended with retrospective effect by U.P. Act No. 8 of 1992.

(3.) IT may be noted that the apex court in the case of Hotel Balaji v. State of Andhra Pradesh : [1993] 88 STC 98 (SC) has declared that the aforesaid provisions are a 'valid piece of legislation'. The Tribunal allowed the rectification application by the order under revision.