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2002 Supreme(All) 767

R.B.MISRA
VEGETABLE INDUSTRIES COMPLEX – Appellant
Versus
COMMISSIONER OF TRADE TAX – Respondent


Advocates Appeared:
B.K.PANDEY, Bharat Ji Agrawal, Piyush Agrawal

R. B. MISRA, J.

( 1 ) THE present trade tax revision has been preferred under Section 11 of the U. P. Trade Tax Act, 1948, in short "act" against the order dated September 23, 2000 passed by Trade Tax Tribunal in second Appeal No. 150 of 1999 (1990-91) in reference Rule 41 (7) of the U. P. Trade Tax Rules, 1948 and 151 of 1999 (1990-91) in respect of Section 10-A (Central Sales Tax Act, 1956 ). Heard Sri Bharat Ji Agrawal, Senior Advocate, with Sri Piyush Agrawal, for the applicant and sri B. K. Pandey, learned Standing Counsel for the respondent.

( 2 ) IT appears that the applicant/revisionist a Co-operative Federation Limited, Lucknow, is controlled by Government of U. P. and is engaged in the manufacture and sale of edible and non-edible oils and cakes. The applicant was granted registration under Rule 5 (1) of the Central sales Tax (Registration and Turnover) Rules, 1957. By virtue of it, the applicant/revisionist is entitled to purchase the goods, raw material on concessional rate which was used in production of notified goods. In the said certificate mill store, iron hard ware, machinery spare parts, etc. , were duly mentioned. In the year 1991 in question, the applicant had










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