2012 (10) TMI 957 - HC - VAT and Sales Tax

Summary

Issues involved: Interpretation of U.P. Trade Tax Act, 1948 regarding eligibility for exemption based on capital investment for expansion and diversification.

Summary:
The case involved a revision under section 11(1) of the U.P. Trade Tax Act, 1948 against a judgment by the U.P. Commercial Tax Tribunal. The assessee established a new unit and made capital investments in various devices/systems related to air conditioning. The assessee claimed exemption from tax based on the additional fixed capital investment made. The review application for eligibility under expansion and diversification schemes was initially rejected, but the Tribunal allowed the claim. The Department filed the revision challenging this decision.

Upon hearing both parties, it was found that the Tribunal had correctly examined the application submitted by the assessee for bifurcation, diversification, and expansion on a 50-50 per cent basis. The Tribunal's finding was not challenged by the Department. The Tribunal, being a final fact-finding authority, had the authority to make such determinations. The Divisional Level Committee/Chief Executive Officer was directed to issue the eligibility certificate based on the bifurcation of capital investment equally for expansion and diversification as opted by the assessee.

Therefore, considering the facts and circumstances of the case, the High Court upheld the Tribunal's order, dismissing the revision. The direction for issuing the eligibility certificate based on the bifurcation of capital investment was confirmed.