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2003 Supreme(SC) 195

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Commissioner Of Sales Tax – Appellant
Versus
Subhash And Co. – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The controversy involved in the present case lies with a very narrow compass and, therefore, a brief reference to the factual aspects would suffice.

3. Respondent-Subhash Kimtee (hereinafter referred to as assessee) was the proprietor of a concern known as M/s. Subhash and Company. He was registered as a dealer under the M.P. General Sales Tax Act, 1958 (hereinafter referred to as the Act ) w.e.f. 28.5.1973. The registration continued to be operative till 22.10.1987. The assessment periods to which the dispute relates are (a) 27.10.1981 to 15.11.1982, (b) 16.11.1982 to 4.11.1983 and (c) 5.11.1983 to 24.10.1984. The assessments were originally completed for the assessment years 1981-82, 1982-83 and 1983-84 vide orders dated 12.9.1984, 29.8.1985 and 29.8.1985 respectively. Respondent applied cancellation of the certificate of registration on 14.12.1987 and the same was cancelled w.e.f. 23.10.1987. The Assessing Officer initiated proceedings for re-assessment under Section 19(1) of the Act on the basis of information that the respondent had purchased iron and steel from M/s. Steel Terro, Indore and had enjoined certain benefits by issuin





















































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