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Issues: Whether purchases made against Form III-D during the assessment year 1984-85 for use in a plant commissioned later for generation of electrical energy were legally covered by the exemption or concession under section 3G of the U.P. Sales Tax Act, 1948.
Analysis: The dispute turned on whether the machinery purchased during the relevant assessment year could be treated as having been used for producing electrical energy when the plant was commissioned only in a later year. The controlling provision was section 3G of the U.P. Sales Tax Act, 1948 as amended by the U.P. Sales Tax (Amendment and Validation) Act, 1985, along with the departmental circulars and the earlier decision of the Court on the same issue. On that basis, the Court applied the view that purchases against Form III-D remained legally valid where the plant was subsequently commissioned for generation of electrical energy in the later year.
Conclusion: The revision was held to be without merit and the Tribunal's order was affirmed.
Final Conclusion: The assessee did not succeed in challenging the Tribunal's finding, and the assessment revision failed.
Ratio Decidendi: Where machinery is purchased against Form III-D and the statutory amendment and governing circulars support the concession, subsequent commissioning of the plant for generation of electrical energy does not by itself make the purchase illegal.
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