9911796707
TMI Blog2013 (10) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... ption was based on the fixed capital investment - In the case of electronic industries monetary limit was not in view of the Notification dated 16.11.1995 there but the exemption was based on fixed capital investment – Order set aside - The matter was remanded back to the Tribunal to decide the matter expeditiously in view of the preposition of law – Decided in favour of Petitioner. - Trade Tax Revision No.-2 of 2010 - - - Dated:- 20-8-2013 - Hon'ble Shabihul Hasnain,JJ. For the Applicant : Rahul Srivastava For the Respondent : C.S.C ORDER Heard Sri Bharat Ji Agarwal and Sri S. M. K. Chaudhary, Senior Advocates assisted by Sri Rahul Srivastava and Sri N. C. Mishra for the petitioner and learned Standing counsel. Revi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re and if less than Rs.50 corers then exemption on pro-rata basis to the units making investment of less than Rs.50 crores. Hence the applicant was entitled for grant of certificate of entitlement under section 42 (3)(a) of UP VAT Act. The Commissioner, Commercial Tax has rejected the application for certificate of entitlement by wrongly interpreting the provisions of section 42(3)(a) of the Act and the appeal filed by the assessee was also dismissed by the Commercial Tax Tribunal on 7.10.2009 against which the present revision petition has been filed. Section 42 (3)(a)(1) has been wrongly interpreted by the Tribunal. Under Section 42(3)(a) of UP VAT Act a certificate of entitlement is to be given only to those units whose facility of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Certificate of Entitlement under Section 42 of U.P. VAT Act. Even otherwise, in view of Section 81(1)(b) of U.P. VAT Act, the applicant having been granted eligibility certificate under section 4-A of U.P. Trade Tax Act is entitled for continuation of the exemption upto 30th December, 2009. (1) The Uttar Pradesh Trade Tax Act, 1948 (U.P. Act No.XV of 1948) (hereinafter in this section referred to as the repealed enactment) is hereby repealed. (2) Notwithstanding such repeal (b)any right, privilege obligation or liability acquired accrued or incurred under the repealed Act, shall not be affected and manufacturing units enjoying benefit of exemption from payment of tax under Section 4A of the repealed Act or the units enjoying facili ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
