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1997 Supreme(Ker) 391

S.SANKARASUBBAN, UDAY PRATAP SINGH
LORD KRISHNA BANK LIMITED – Appellant
Versus
ASSISTANT COMMISSIONER (ASSESSMENT I), SALES TAX OFFICE, SPECIAL CIRCLE, TRICHUR. (AND OTHER CASES) – Respondent


JUDGMENT

U. P. SINGH, C.J. –

These writ appeals have been filed against the common judgment in O.P. Nos. 9508 of 1994, 1339 of 1993, 963 of 1993 and 962 of 1993. While the appellant in W.A. No. 633 of 1997 is Lord Krishna Bank Limited, the appellant in W.A. No. 634 of 1997 is the Federal Bank Limited. The South Indian Bank and the Catholic Syrian Bank are the appellants in the other crises. All these banks are scheduled banks and are banking companies as defined in the Banking Regulation Act, 1949. The cause of action which gave rise to the filing of the original petitions is the notice issued by the Sales Tax Officer, requesting the banks to intimate the turnover with regard to the sale of gold ornaments by the banks. As part of the banking activities, the appellants grant different kinds of loans. Some loans are granted on the security or pledge of gold ornaments. If the pledgers did not repay the amount as promised, the banks sell the pledged goods and appropriate the amount obtained by the sale towards the debt due to them. If the amount obtained by sale exceeds the amount due, the balance amount is returned to the pledgers, while if the amount obtained is less than the amount d











































































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