2006 (8) TMI 580

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..... lating to the assessment years 1996-97 and 1997-98 both under the U.P. Trade Tax Act, 1948 and Central Sales Tax Act, 1956. At the instance of the Revenue, the following questions have been raised: (i) Whether, on the facts and in the circumstances of the case, the Tribunal is legally justified in holding that CCF sold by the assessee, were not taxable. Since the CCF has been held to be not .....

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..... to the fact of under-valuation, closing stock and goods return, etc., when all the required facts were available on record that had been well considered by the assessing authority as well as by the first appellate authority when nothing new has been furnished by the assessee before the Tribunal and when the issue could have been decided by the Tribunal itself. (iv) Whether the Tribunal is legal .....

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..... e of import of taxable goods. Tribunal has allowed the exemption on the turnover of CCF on the ground that the dealer has purchased CCF and has sold CCF. The Revenue is not able to show that any other item was sold. The Tribunal was of the view that the CCF has been held exempted from tax in the decision of the Allahabad High Court in the case of Commissioner, Sales Tax, U.P. v. Arora Material .....

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