S.B.SINHA, HARJIT SINGH BEDI
PERIYAR AND PAREEKANNI RUBBERS LTD. – Appellant
Versus
STATE OF KERALA – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
These points reflect the legal reasoning and findings regarding the liability for sales tax, the role of the appellant as an agent, and the procedures for recovery under the relevant statutes.
S. B. SINHA, J.
( 1 ) LEAVE granted. Appellant is a company registered under the Companies Act, 1956. It runs a distillery. It obtained a licence under the trade name of "normandy Breweries and distilleries" for manufacture of liquor under the Kerala Abkari Act (1 of 1077 ).
( 2 ) IT was registered as a dealer both under the Kerala General Sales Tax Act (the act) as also under the Central Sales Tax Act.
( 3 ) IT demised the factory in favour of one "eagle Distillery (P) Ltd. " (Lessee) by a Deed of Lease dated 1st December, 1984, wherefor requisite approval was granted by the Government of Kerala on or about 27th April, 1985.
( 4 ) THE Sales Tax Authorities were intimated thereabout by communications dated 4th May, 1985 and 30th May, 1985. The said letters read as under:-
"4th May, 1985 i am writing this letter to inform you that I have leased out the Distillery unit in cheemeni, Kasargod District to Eagle Distilleries Pvt. Ltd. , having their registered office at Bangalore, Karnataka, for a period of 5 years from 1st December, 1984. The specific reason we have not renewed the registration this year, is this. We have asked Eagle Distilleries to take a new registration in their name.
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