2009 (10) TMI 845

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the revisionist-assessee. Appeal dismissed. - 64 of 2007 - - - Dated:- 7-10-2009 - SATISH CHANDRA DR. , J. DR. SATISH CHANDRA J. The present revision has been filed by the assessee under section 11 of the U.P. Trade Tax Act, 1948 against the judgement/order dated November 17, 2006 passed by the Trade Tax Tribunal, Lucknow, for the assessment year 1997-98. Heard Sri Mudit Agarwal, learned counsel for the revisionist and learned standing counsel for the Department. The brief facts of the case are that the revisionist-assessee is engaged in the manufacture and sale of iron and steel rods (sariya). During the assessment year under consideration, the assessee has purchased goods from the units which were enjoying the tax benefit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... they have paid tax at two per cent on the raw material as goods were purchased from the units which were not enjoying the tax benefit under section 4A. Remaining two per cent tax was paid on finished goods. Thus, the other manufacturers have paid two + two = four per cent tax on sariya. But in the case of the revisionist total four per cent tax was charged by the A. O. on the finished goods as the revisionist has paid nil tax on raw material. So, he made a request to dismiss the revision filed by the revisionist. Before concluding his arguments, learned counsel for the Department stated that this issue was already discussed in the case of State of Tamil Nadu v. Pyare Lal Malhotra [1976] 37 STC 319 (SC) where it was observed that (at page .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ax under the U.P. Sales Tax Act because the seller availed of an exemption under section 4A of the U.P. Act was not exempt by virtue of the aforesaid notification dated July 31, 1986. After hearing rival submissions and on perusal of record, it appears that in the instant cases, issue is pertaining to the levy of trade tax on the finished goods, i.e., sariya manufactured by the assessee. Iron and steel is taxable at the point of manufacturing or importer. In the instant case, the assessee has purchased ingots (raw material) from the new units which were exempted under section 4A of the Act from paying any tax. From the ingot, sariya was manufactured. Hence, the point of taxability on manufacture of sariya has been exhausted/started at t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X