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2010 Supreme(All) 2992

K.N.PANDEY, SUNIL AMBWANI
YAMAHA MOTOR ESCORTS LIMITED – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Bharat Ji Agrawal, Piyush Agrawal, Nishant Misra, Kunwar Jee Saxena - Petitioners.
S. P. Kesarwani - Respondents.

JUDGMENT

We have heard Shri Bharat Ji Agrawal assisted by Shri Piyush Agrawal, Shri Nishant Misra and Shri Kunwar Jee Saxena for the petitioners. Shri S. P. Kesarwani appears for the State - respondents.

In all these connected writ petitions, the petitioners have challenged the assessment orders of the trade tax under the U.P. Trade Tax Act, 1948 in so far as the assessing authorities have not allowed adjustment/set-off of the tax quantified under section 8(1) of the Central Sales Tax Act, 1956 from the monetary limit of the exemption mentioned in the eligibility certificate granted to the petitioners under section 4A of the U.P. Trade Tax Act, 1948 for the relevant assessment years. In all these writ petitions the interim orders were passed by this court directing that the benefit of tax exemption granted by notifications dated July 27, 1991, March 31, 1995, July 19, 1996 and February 21, 1997, will continue to be available to the petitioners for the duration contemplated by the notification subject to the terms and conditions mentioned in the notification notwithstanding the withdrawal of those benefits with effect from October 15, 2002 by the State Government, when the Central S


























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