2002 (8) TMI 821

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....anglik, learned counsel for the revisionist and Sri B.K. Pandey, learned Standing Counsel for the respondent/Commissioner, Trade Tax/Revenue. 1.. The applicant/revisionist deals a business in purchase and sale of metals. For the assessment year 1990-91, the assessment was made at the rate of 2.5 per cent on the taxable turnover. The assessing officer subsequently issued a notice under section 2....

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....at the rate of 2 per cent. As per notification No. ST-2-1447/XI-10(1)80-U.P. Act-XV/48-Order-90 dated June 30, 1990 published in Uttar Pradesh Gazette, Extraordinary, Part 4, Section (Kha) dated July 1, 1990 the aforesaid entry with effect from July 1, 1990 was substituted as under: (a) All kinds of minerals M or I 4 per cent. (b) All kinds of ores, metals scraps and alloys, including sheets....

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....t also. 3.. Under identical circumstances, a division Bench of this Court in the case of Ganesh International v. Assistant Commissioner since reported in [2001] 124 STC 600; 2000 UPTC 1097 has observed as below: "The argument of the learned counsel for the petitioners is that the period from July 1, 1990 to October 23, 1990, they had to deposit tax at the rate of 2 per cent. On the other han....