Eligibility certificate exemption is limited to specified manufactured goods, leaving taxable trading turnover assessable under trade tax law.

An eligibility certificate under section 4A of the U.P. Trade Tax Act, 1948 exempts only the specified manufactured goods and does not extend to all business activity of a dealer. A dealer may carry on both manufacturing and trading, so taxable trading turnover remains assessable where the exemption does not apply. The note also explains that revisional action under section 10B may be sustained where the Tribunal ignores survey material indicating taxable trading activity and treats the certificate as covering the entire business. The appellate restoration for fresh assessment was therefore supported on the stated reasoning.

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Issues: Whether the Tribunal was justified in annulling the revisional order passed under section 10B of the U.P. Trade Tax Act, 1948 on the footing that the assessee held an eligibility certificate under section 4A of the U.P. Trade Tax Act, 1948 and therefore its turnover was not assessable.

Analysis: The eligibility certificate under section 4A confers exemption only in respect of the goods manufactured by the dealer and specified therein. A dealer may be both a manufacturer and a trader, and the mere existence of an eligibility certificate does not immunise all business activities from tax. The Tribunal proceeded on the sole ground that the certificate was valid for the relevant assessment year, without considering that the survey material indicated possible taxable trading activity and that the exemption was limited to manufactured goods. The first appellate authority was justified in restoring the matter for fresh assessment, and the Tribunal erred in setting aside that order.

Conclusion: The revisional power under section 10B of the U.P. Trade Tax Act, 1948 was rightly exercised, and the Tribunal's order annulling that action was incorrect.

Final Conclusion: The revision succeeded and the assessee's challenge to the revisional order failed.

Ratio Decidendi: An eligibility certificate under section 4A of the U.P. Trade Tax Act, 1948 grants exemption only for specified manufactured goods and does not bar taxation of other taxable trading activities; a revisional order correcting an assessment on that basis can be sustained under section 10B.

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