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TMI Blog2013 (11) TMI 654X X X X Extracts X X X X X X X X Extracts X X X X ..... Form 3-C(1) has been reduced. - Held that:- Tribunal has clearly loss sight of Clause (3) of the notification dated 29th August, 1987 while holding that in view of the fact that earlier notifications issued under Section 4-B have been superseded the assessee was not entitled to the reduced rate of tax. In like manner the exemption from tax qua the sale effected against Form 3-C(1) has also to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee points out that the Tribunal under the order impugned has denied the benefits of the reduced rate of tax and exemption from tax in respect of the sale effected against Form 3-C(1) only on the ground that under notification dated 29th August, 1987 all earlier notifications issued under Section 4-B of the Trade Tax Act had been superseded. It is his case that so far as the sales effected agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gnored by the Tribunal. Faced with the aforesaid contention counsel for the department fairly conceded that in view of Clause (3) of the notification dated 29th August, 1987, which provided that in respect of sale to or, as the case may be, purchase by a dealer holding a recognition certificate of goods mentioned in column 3 of Annexure III required to be used as raw materials for manufacture of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... my opinion the Tribunal has clearly loss sight of Clause (3) of the notification dated 29th August, 1987 while holding that in view of the fact that earlier notifications issued under Section 4-B have been superseded the assessee was not entitled to the reduced rate of tax. In like manner the exemption from tax qua the sale effected against Form 3-C(1) has also to be considered as per section 3-D( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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