SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1973 Supreme(Ker) 121

K.BASKARAN, V.P.GOPALAN NAMBIYAR
STO, Trivandrum – Appellant
Versus
M. D. Abraham – Respondent


Judgment :-

1. This is an appeal against the decision of a learned judge of this Court, quashing the assessment to sales-tax of the Respondent herein for the years 1950-51 to 1952-53 (both inclusive) and directing the Sales-tax Officer to consider afresh the question as to whether the transaction was one of hire purchase or of sale, and if the former, to refund to the petitioner the sales-tax assessed by the assessment orders in respect of such transaction. The assessment orders themselves were neither produced nor summoned. Nor were even copies thereof exhibited although there is a prayer in the writ petition to quash the orders and to direct refund of sales-tax due under them. It was stated that the transactions in question were hire purchase transactions, and therefore not liable to be assessed to sales-tax by reason of the decision of the Supreme Court in Marikkar Motors' case (19 STC. 18) decided by the Supreme Court on 27-9-1966. It was the petitioner's case that although the assessment orders had been made in pursuance of the returns made by him, and the sales-tax had been paid in pursuance of the orders, he discovered that the payments were made under a mistake of law only















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top