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2014 (5) TMI 63 - SUPREME COURTRate of Tax – Classification of fabricated steel – Rectification of assessment order - Jurisdiction of Tribunal - Section 22 of U.P. Trade Tax Act – Whether manufacturing of fabricated steel by the respondents herein is to be assessed at the rate of 7.5% instead of 3% - Held that:- Insofar as the order passed by the First Appellate Authority in rejecting the Revenue's application u/s 22 High Court has rightly come to the conclusion that the First Appellate Authority was not justified in rejecting the application since there was an error apparent on the face of record and because the order of assessing officer had merged in the order of First Appellate Authority, the rectification application filed by the Revenue before the First Appellate Authority was maintainable - The High Court while partly allowing the revision petition had come to the conclusion that the power given to Tribunal is not co-extensive with the powers of the assessing officer and hence the Tribunal can only restore assessment order but cannot enhance the turnover on tax. However, High Court has permitted the Revenue to rectify the orders passed by the assessing authority for the assessment years 1971-72, 1973-74 and 1974-75 only and confirmed the orders passed by the First Appellate Authority and Tribunal - Since the prayers sought for by the Revenue in this appeal have already been granted by the High Court and accordingly complied with by the Revenue, nothing survives in these appeals for our consideration and decision and thus, these appeals require to be disposed of in light of the same – Therefore, this Court confirms the judgment and order passed by Tribunal and confirmed by High Court – Decided against Revenue.
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