JUDGMENT

Dipak Misra, J.

The appellant is a registered dealer under the U.P. Trade Tax Act, 1948 (for brevity, ‘the Act’) and authorised to deal with scooters manufactured by M/s. Bajaj Auto Limited, and during the assessment year 1990-91, had sold the two wheelers to the government employees through U.P. Government Employees Welfare Corporation as well as canteen of the Stores Department amounting to Rs.5,23,93,337.57. During the course of assessment, the appellant had submitted certificates which were required to be issued for claiming exemption in terms of the exemption notification no. 7037 dated 31.1.1985. The assessee had produced 270 sale certificates and on the basis of the same he was granted exemption on the sale of scooters for the aforesaid amount by the Assessing Officer vide assessment order dated 25.3.1995. As claimed by the revenue, at a later stage it discovered that the total sale amount of the scooters in question was in fact Rs.4,26,94,276.59 instead of Rs.5,23,93,337.57 and hence the assessee was liable to pay tax on the sale of scooters to the extent of Rs.97,02,050.65 on which it had earlier been granted sales tax waiver in view of the circular dated 16.4.199