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

2007 Supreme(Ker) 532

K.T.SANKARAN, H.L.DATTU
HOTEL ASOKA – Appellant
Versus
COMMERCIAL TAX OFFICER-1, 1ST CIRCLE, ALAPPUZHA (AND OTHER CASES) – Respondent


Advocates Appeared:
Sudhi Vasudevan - Petitioners.
Mohammed Rafiq - Respondents.

JUDGMENT

H. L. DATTU, C.J. –

This judgment would dispose of Writ Appeal No. 1877 of 2007 and connected appeals, which have been filed against the common judgment passed by learned single judge in W.P. (C) No. 8711 of 2007 and connected matters, whereby petitions filed by the appellants under article 226 of the Constitution of India were dismissed. The question which arises for determination in these appeals is whether the amended provisions of section 7(a) and (b) of the Kerala General Sales Tax Act, 1963 can be applied to those dealers who had opted for payment of turnover tax for the assessment year 2006-07 before the amendment was brought into the statute and whether the dealers are entitled to pay tax at the rate prescribed in clause (a) of section 7 of the KGST Act before its amendment on the purchase of liquor for the assessment year 2006-07.

The appellants are registered dealers under the provisions of the Kerala General Sales Tax Act, 1963, hereinafter for the sake of brevity referred to as "the Act, 1963". They are running bar-attached hotels within the area of Municipal Corporation, Municipal Council and other places.

Section 5(2) of the Act, among other things provides fo













































































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