9911796707
TMI Blog1999 (2) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... ndra Mishra, for the respondent. Senior Advocate: Avadh Behari Rohtagi, for the peatitioner. -------------------------------------------------- ORDER The Divisional Level Committee constituted under section 4-A of the U.P. Sales Tax Act, 1948 (for short, "the Act"), and the State of U.P. are aggrieved by the order of the High Court passed in Civil Misc. Writ Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date. The High Court has not, however, made it clear whether the respondent would get exemption for a period of four years from March 27, 1990. 3.. Learned counsel for the appellants contends that the respondent not having fulfilled all the conditions prescribed in section 4-A of the Act for getting the exemption on the date on which the first sale was effected, is not entitled at all to get the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h should be owned or taken on lease for a period not less than seven years by the dealer concerned. In the present case though the lease was taken much earlier, the registration was made only on March 27, 1990. The lease being one for a period of seven years, required registration and will satisfy the requirement of the section from the date of registration. Hence the High Court is right in holdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emaining period after that date. In other words, the respondent will be entitled to exemption for a period of 3 years 1 month and 4 days from March 27, 1990. In the present case, there is no dispute with regard to the other conditions set out in the section having been fulfilled by the respondent. 6.. Learned counsel for the appellants contends that the matter should be remitted back to the High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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