2011 (2) TMI 1330

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....the petitioner B.K. Pandey, Standing Counsel, for the respondent These are two revisions against the order of the Tribunal dated January 2, 2004 for the assessment year 2000-01 both under the U.P. Trade Tax Act, 1948 as well as under the Central Sales Tax Act, 1956. The applicant established a unit for the manufacturing of rims and steel wheels. It appears that the unit has undergone expa....

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....ssessment proceeding for the period July 6, 2000 to November 8, 2000, the applicant has claimed 100 per cent exemption on the turnover as per the notification. The assessing authority has allowed 100 per cent exemption from tax on the turnover during the aforesaid period. There is no dispute in this regard. During the course of assessment proceeding, the applicant claimed the refund of the excess ....

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....etary limit and the benefit of the same should be allowed in the subsequent years. Sri B.K. Pandey, learned standing counsel submitted that since the applicant has realized the tax from the customers and deposited the same, the applicant is not entitled for the refund under section 29A of the Act. Under section 29A(3) of the Act, the refund can only be granted to the parties from whom the tax h....