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1981 Supreme(Ker) 91

P.JANAKI AMMA, P.SUBRAMONIAN POTI, GEORGE VADAKKEL
M. SYED ALAVI – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioners were assessed to Sales-tax under the Kerala General Sales Tax Act (hereinafter referred to as the Act) in connection with a contract entered into by them for slaughter tapping of rubber trees. Before the assessing authority (the Sales Tax Officer, Nedumangad) they contested their liability for being taxed on the ground that they were associations of persons who had discontinued their business on the expiry of the period of the contract. The assessing authority overruled the objection and assessed the petitioners to the best of its judgment. Against this order they preferred appeals before the Appellate Assistant Commissioner, Trivandrum, under S 34 of the Act. The Appellate Assistant Commissioner as per order dated 12-5-1976 confirmed the order of the assessing authority regarding liability to assessment but remanded the cases to the assessing authority with a direction to pass fresh assessment orders in the light of certain observations made in the appellate order. Even after remand, the petitioners took the stand that they were not liable to be assessed. The assessing authority held that the plea was not available to them in the light of the order o































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