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TMI Blog2012 (11) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... has been filed challenging the circular dated 3.9.2003 issued by the Commissioner, Trade Tax, U.P., Lucknow, filed as Annexure 17 to the writ petition as also the order dated 19.1.2006 passed by the Additional Commissioner, Grade - 1, Trade Tax, Varanasi Zone, Varanasi, granting permission to the Assessing Officer for re-assessment under Section 21(2) of the U.P. Trade Tax Act (hereinafter referr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of inverters as competitive manufacturer, namely, Luminous and Microtek were charging tax @ 4% whereas M/s. Usha International Ltd., Lucknow was charging tax @ 10%. M/s. Usha International Ltd., Lucknow approached the Commissioner, Trade Tax, U.P., Lucknow for clarification who after looking into the matter, directed all the authorities subordinate to him to examine the question of taxability o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipathi, learned Special Counsel, appearing for the respondents. Counsel for the petitioner submitted that Inverters are electronic goods as they work on Microprocessor Chips and therefore, were rightly taxed as electronic goods in the original assessment proceedings and the re-assessment proceedings are as a result of change of opinion and cannot be sustained. Sri Tripathi, learned counsel, subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had held that in the absence of any finding having been recorded by the Assessing Authority regarding the fact as to whether the inverters are electronic goods or not, the question of its taxability as electronic goods cannot be determined by this court. Respectfully following the aforesaid decision, we are of the considered opinion that in the re-assessment proceedings, these vital questions wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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