LAWS(ALL)-2009-10-262

SHRI VISHAL INDUSTRIES Vs. COMMISSIONER OF TRADE TAX

Decided On October 07, 2009
Shri Vishal Industries Appellant
V/S
COMMISSIONER OF TRADE TAX Respondents

JUDGEMENT

(1.) THE present revision has been filed by the assessee under Section 11 of the U.P. Trade Tax Act, 1948 against the judgement/order dated November 17, 2006 passed by the Trade Tax Tribunal Lucknow, for the assessment year 1997 -98.

(2.) HEARD Sri Mudit Agarwal, learned Counsel for the revisionist and learned standing Counsel for the Department.

(3.) WITH this background, Counsel for the revisionist submits that the assessee has purchased the raw material from the industries who were enjoying the tax benefit under Section 4A. He submits that the other manufacturers of iron and steel rods (Sariya) have purchased raw material from the industries who are not enjoying the tax benefit under Section 4A and paid the tax at two pet cent on raw material and also pay two per cent tax on finished goods manufactured by them. So, in the case of the assessee, the tax will have to be charged at two per cent on the finished products on the basis of equality.