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TMI Blog2004 (5) TMI 563X X X X Extracts X X X X X X X X Extracts X X X X ..... ade to foreign buyer against the foreign currency. The claim has been denied by the assessing authority on the basis that notification granting exemption having been rescinded the said turnover of the dealer is not now exempted under section 4 of the U.P. Sales Tax Act, 1948. In contra the contention of the dealer was that in view of the fact that by Notification No. 1672 dated May 1, 1981 the Notification No. 6946 dated September 30, 1977 having been rescinded the earlier Notifications No. 2414 dated June 30, 1976 and Notification No. 1603 dated July 18, 1977 have been revived. The Tribunal by the impugned order has accepted the said contention of the dealer. Therefore the controversy involved in the present revision is about the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding permission of Reserve Bank of India or of the Government of India to accept and deal in foreign exchange. The aforesaid two notifications were superseded by Notification No. 6946 dated September 30, 1977 and sale of any goods to foreign tourist against the foreign currency were exempted subject to the following conditions: "(1) that the dealer shall indicate on the bill or the cash memo the full name of the foreign tourist, his passport number and the amount of foreign currency received in consideration of the sale; and (2) that the foreign currency so received shall be deposited in such nationalised banks which, for the time being, hold permission of the Reserve Bank of India, or of the Government of India to accept and deal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any remedy, or any investigation or legal proceeding commenced before the repealing Act shall have come into operation in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such remedy may be enforced and any such investigation or legal proceeding may be continued and concluded, and any such penalty, forfeiture or punishment imposed as if the repealing Act had not been passed." Section 6C of the U.P. General Clauses Act, 1904 reads as under: & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of U.P. substituted the rule after it become inoperative the old rule would not revive. Section 4(42B) of the U.P. General Clauses Act defines statutory instrument and it shall mean any notification, order, scheme, rule or byelaw issued under any enactment and having the force of law. By virtue of section 20 of the U.P. General Clauses Act where the power to issue any statutory instrument is conferred the expiration used in the statutory instrument shall, unless there is anything repugnant in the subject or context, for the same respective meaning as in the Act conferring the power. Section 7 of the U.P. General Clauses Act will be applicable in the present case read with section 20 by virtue of supersession of Notification No. 6946 da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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