JUDGMENT :

S. Muralidhar, J.

1. The present revision petition by the Assessee arises out of an order dated 8th June, 2007 of the Orissa Sales Tax Tribunal (Division Bench), Cuttack (Tribunal) in S.A. No.913 of 2002-03 for the year 1998-99.

2. While admitting the present revision petition on 9th May 2008, the following Questions were framed for consideration:

(a) Whether in the fact and circumstances of the case, the learned Tribunal is erred in law by disallowing the tax exemption on sale of finished products manufactured by the industrial unit under the diversification scheme ?

(b) Whether in the facts and circumstances of the case, the order of enhancement of assessment passed by the Ld. Tribunal without compliance of the provisions of Rule-50 (3) of the Orissa Sales Tax Rules is lawful and valid ?

(c) Whether in the fact and circumstances of the case, the learned Tribunal has committed error of jurisdiction or is erred in law while deciding issues which are not before him in the appeal filed by the Petitioner in absence of cross objection filed by the State ?

3. This Court heard the submissions of Mr. Jagabandhu Sahoo, learned Senior Counsel for the Petitioner and Mr. S. S. Padhy,