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TMI Blog2007 (10) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the assessee and it is held that under the notification exemption of ₹ 50 lacs was available to the institution as a whole and not to the individual unit. So far as question No. 2 involved in the assessment year 1997-98 only is decided in favour of the assessee and the order of the Tribunal is upheld. - - - - - Dated:- 1-10-2007 - RAJES KUMAR , J. RAJES KUMAR J. Present three revisions under section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as the Act ) are directed against the order of the Tribunal dated June 28, 2002 relating to the assessment years 1996-97, 1997-98 and 1998-99. At the instance of the Revenue, following questions have been raised in each year. Assessment year 1996-97. (i) W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titled for the benefit of Rs. 50 lacs. For the assessment year 1997-98 dealer had received certain compensation from the purchasing party on account of non-lifting of the goods. The assessing authority treated the said amount as part of the turnover. The first appellate authority has accepted the plea of the dealer and held that it was not a part of the turnover. Tribunal by the impugned order upheld the view of the first appellate authority. Heard Sri B.K. Pandey, learned Standing Counsel and Sri Bharat Ji Agrawal, learned Senior Advocate, appearing on behalf of the dealer. The learned Standing Counsel submitted that the language of the Notification dated February 27, 1997 is clear and it provides exemption of Rs. 50 lacs to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufactured goods by the institution certified by All India Khadi and Village Industries Commission or U.P. Khadi Village Industries Board. It does not contemplate exemption on each product manufactured by the village industries. Perusal of the Notification dated October 1, 1994 shows that where the Legislature wanted to give exemption up to certain limit in respect of the product of each of the village industry. It had been specifically stated that if the intent of the Legislature would be to provide exemption up to Rs. 50 lacs to each manufactured product, it should have been mentioned in the notification and then the same language could be used as mentioned in the notification dated October 1, 1994. The language of the notification is pl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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