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2005 (1) TMI 666

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..... ission or U.P. Khadi and Village Industries Board. The assessing authority disallowed the claim of exemption on the entire turnover on the ground that the turnover exceeded Rs. 50 lakhs. The assessing authority was of the view that the exemption under the aforesaid notification was available to only those institutions where total turnover in assessment year was less than Rs. 50 lakhs. The dealer filed appeal before the Deputy Commissioner (Appeals). The Deputy Commissioner (Appeals) allowed the appeal in part The appellate authority has held that the institution was eligible to exemption up to the turnover of Rs. 50 lakhs and held liable to tax on the turnover of Rs. 36,86,693. Against the order of the first appellate authority, dealer as well as Commissioner of Trade Tax filed appeals before the Tribunal. The Tribunal allowed both the appeals in part and set aside the order of the first appellate authority and remanded back the matter to the assessing authority with the direction to allow the exemption on the turnover up to Rs. 50 lakhs on each individual products manufactured by the institution which is covered under the notification. The Tribunal was of the view that each indivi .....

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..... auses Act, 1904 (U.P. Act No. 1 of 1904), and in supersession of all previous notifications issued under the aforesaid clause, the Governor is pleased to exempt, with effect from February 1, 1985 the sale or purchase of the goods mentioned in column 2 of the Schedule hereunder by the persons or the class of persons mentioned therein, from tax under the said Act of 1948, subject to the conditions, if any, specified in column 3 thereof: SCHEDULE Serial No. Description of goods/persons/class of persons Conditions, if any 1 2 3 1 . . . . . . . . 2 3 Institutions in U.P. certified by the All India Khadi and Village Industries Commission or U.P. Khadi and Village Industries Board (a) on the sale of products of village industries specified below; and (b) on the purchase of any goods connected with the manufacture of product .....

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..... ax at the rate applicable to the sale of commodity to which the turnover relates. (a)(1) Bee-keeping. Exemption up to the turnover of rupees five lakhs in an assessment year in respect of the products of each of the village industry. (2) Matches. (3) Fireworks. (4) Aggarbatti. (5) Palm gur and other palm products. (6) Sheelac. (7) Bamboo and cane work. (8) Blacksmithy and carpentry (manufacturing and servicing involving use of power up to horse power). (9) Kattha. (10) Broom stick. (11) Biroja and turpentine oil. (12) Dipped latex and rubber pro .....

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..... ) Processing, preservation and canning of fruits and vegetable including pickles. (7) Aluminium goods. (d)(1) Hides, skins and leather and leather goods. Exemption up to the turnover of rupees thirty lakhs in an assessment year in respect of the products of each of the village industry. (2) processing, packaging and marketing of cereals, pulses, spices and condiments. (3) Electronic goods. (e)(1) Lok vastra. (2) Poly vastra. (ii) the entry at Serial No. 11 shall be omitted. Notification No. TT-2-2454/XI-9 (53)91-U.P. Act-XV/48-Order-95 dated October 5, 1995 reads as follows: In exercise of the powers under clause (c) of section 4 and section 25 of the U.P. Trade Tax Act, 1948 (U.P. Act No. XV of 1948) read with section 21 of the U.P. General Clauses Act .....

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