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2013 (11) TMI 1508 - HC - VAT and Sales TaxExemption of tax under Section 4-A of the U.P. Trade Tax Act 1948 - Rejection of review filed under Rule 25(3)(C) - whether the unit is self-financed or it is financed by any financial institution. - Date of application of loan - whether the assessee had applied for a term loan to the Oriental Bank of Commerce on 5.1.2000 as alleged or on 1.5.2000 as held by the authorities - Held that - A bare perusal of the two applications alleged to have been submitted by the assessee for grant of term loan which have been filed by the revenue along with the counter affidavit reveals that the application dated 5.1.2000 is for a term loan of Rs.1, 52, 000/- and a cash credit limit of Rs.2, 00, 000/- total Rs.3, 52, 000/-. It has been submitted by one Smt. Kamal Narang as proprietor of the assessee - The other application for term loan dated 1.5.2000 is only for a term loan of Rs.1, 52, 000/-. It has been submitted on behalf of Smt. Kamal Narang - A bare perusal of the two applications clearly reveals that they are two different applications and the application dated 5.1.2000 is by the assessee whereas the application dated 1.5.2000 is in the individual capacity of the proprietor of the assessee firm. The financial assistance sought by both the applications are different. No evidence was adduced to establish that no application was filed by the assessee for the grant of term loan on 5.1.2000 - tribunal as well as a Divisional Level Committee have manifestly erred in rejecting the exemption application of the petitioner - assessee is held entitle to grant of exemption under Section 4-A of the Act subject to fulfillment of other conditions - Decided in favour of assessee.
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