2020 (1) TMI 556

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.... 08.04.2007preferred by the revisionist. The tribunal by means of the aforesaid order allowed the appeals preferred by the revenue by means of this order for the assessment years 1997-98 and 1998-1999. 3. The brief facts of the case giving rise to the controversy are that the revisionists are engaged in trading of Waste/Raddi papers and also new papers for the assessment years 1997-98, vide order dated 25.10.2000 the total taxable turnover was determined at Rs. 23,19,705/- out of this Rs. 69,567/- was the admitted tax liability to the revisionists and the remaining liability was disputed by the revisionists. 4. Learned counsel for the revisionists submits that considering the provisions of Section 3-AAAA of the Act. The Assessing Auth....

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....d in STI 2006 SC 527. 8. Learned counsel for the revisionist submits that the correct import and effect of the proviso to Section 3-AAAA of the Act, 1948 was not considered by any of the authorities and therefore has made substantial error in deciding the case setup by the revisionist. 9. Learned Standing while opposing the revision submits that revisions has been rightly assessed to tax and he being a dealer in waste paper/raddi paper, he is liable to be taxed on the sale and purchase of the goods. 10. We have heard the learned counsel for the parties and perused the record. 11. After deciding the controversy it is relevant to consider the provision of Section 3-AAAA of the U.P. Trade Tax Act, 1948 which reads as under:- ....

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.... the sale of ---(i) ginned cotton after ginning raw cotton purchased as aforesaid, or (ii) dressed hides and skins or tanned leather after dressing or tanning raw hides and skins purchased as aforesaid, or (iii) rice during the period commencing on September 2, 1976 and ending with April 30, 1977 after bulling paddy purchased as aforesaid, shall be deemed to be in the same form and condition." 12. The perusal of the aforesaid provision clearly indicates that in case the revisionist satisfies the authorities that he is a dealer who resells such goods within the State or in the course of inter-State Trade or commerce or exports out of the territory of India, in the same form and condition in which he had purchased them. The person....