TMI Blog2002 (8) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner, Trade Tax/Revenue. 1.. The applicant/revisionist deals a business in purchase and sale of metals. For the assessment year 1990-91, the assessment was made at the rate of 2.5 per cent on the taxable turnover. The assessing officer subsequently issued a notice under section 22 of the U.P. Trade Tax Act, 1948 (in short called as "the Act") on the ground that the rate of tax was wrongly appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blished in Uttar Pradesh Gazette, Extraordinary, Part 4, Section (Kha) dated July 1, 1990 the aforesaid entry with effect from July 1, 1990 was substituted as under: (a) All kinds of minerals M or I 4 per cent. (b) All kinds of ores, metals scraps and alloys, including sheets and circles used in the manufacture of brasswares, except those included in any other entry or any other notification i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner since reported in [2001] 124 STC 600; 2000 UPTC 1097 has observed as below: "The argument of the learned counsel for the petitioners is that the period from July 1, 1990 to October 23, 1990, they had to deposit tax at the rate of 2 per cent. On the other hand the argument of the learned Standing Counsel is that the corrigendum dated October 23, 1990 was issued because there was a mista ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove observations are applicable in the present case. Therefore it is clear that for the assessment year 1990-91 the new rate of tax could be fixed only after October 23, 1990 and interest also could not be imposed before that period as such the order dated April 28, 2000 is illegal and set aside and the questions of law are dealt with and the revision is allowed accordingly. Petition allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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