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

1983 Supreme(Ker) 51

T.KOCHU THOMMEN
C. P. K. TRADING COMPANY – Appellant
Versus
ADDITIONAL SALES TAX OFFICER, III CIRCLE, MATTANCHERRY, – Respondent


Advocates Appeared:
S. Gopalakrishna Iyer, for the petitioner
The Government Pleader, for the respondents.

JUDGMENT

DR. KOCHU THOMMEN, J.

Exhibits P3 and P4 which are impugned are orders of assessment made under the Central Sales Tax Act, 1956 (the "Act"), for the assessment years 1976-77 and 1977-78. The petitioner had claimed exemption under section 6A of the Act. The exemption was not granted for the reason that the petitioner failed to furnish the details under rule 5A of the Central Sales Tax (Kerala) Rules, 1957, made by the State Government (I shall call it the "State Rules") under section 13(3) and (4) of the Act. The contention of the petitioner-assessee is that the said rule made by the State Government has been superseded by rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, made by the Central Government (I shall call it the "Central Rules") under section 13(1) in respect of transactions falling within section 6A, and accordingly insistence on compliance with the provisions of rule 5A of the State Government is unjustified.

2. It has to be stated that the petitioner approached this Court without resorting to an effective alternative remedy by way of appeal before the competent authorities. Be that as it may, I see no justification in the contention tha







































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