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TMI Blog2013 (7) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Bharat Ji Agarwal, Senior Advocate, assisted by Mr. Rahul Srivastava and Mr. S.M.K. Chaudhary, Senior Advocate, assisted by Mr. Vaibhav Pandey, for the applicant and Mr. Sanjeev Sankhdhar for the State. Through the abovecaptioned revisions under Section 11 of the U.P. Trade Tax Act, the applicant/revisionist challenges the judgment and order dated 27.11.2002 passed by the Trade Tax Tribunal, L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the units from whom the applicant has purchased the raw material, namely, iron and steel were granted exemption for a period of 12 years, 10 years or 8 years or till the exemption entitlement gets exhausted, whichever is earlier but the claim of the applicant for granting the benefit of adjustment of 2% tax in respect of the Iron and Steel purchased from the units holding eligibility certific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that on identical facts, Hon'ble Supreme Court in State of Punjab and others etc. etc. Vs. Perfect Synthetics etc.etc. [JT 2008 (3) SC 579] as well as this Court in the Commissioner, Trade Tax, U.P., Lucknow Versus S/s Shri Mahaveer Rolling Mills (P) Ltd., Fazal Ganj, Kanpur [2010 U.P.T.C. 977], has finally concluded the matter in favour of the applicant. Therefore, the impugned order of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal has not considered the judgment rendered by the Apex Court in Usha Martin Industries (supra). Therefore, interest of justice would be suffice, if the matter is remitted back to the Tribunal to decide it afresh after taking into consideration the above judgments. Accordingly, both the revisions are allowed partly. The impugned orders dated 27.11.2002 are hereby set-aside. The matter is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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