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1962 Supreme(Ker) 2

C.A.VAIDIALINGAM
S. RAMANATHA SHENOY & CO. SALES TAX OFFICER, TELLICHERRY,. – Appellant
Versus
Petitions under Articles 226 and 227 of the Constitution of India to quash the assessment of sales tax and surcharge thereon. – Respondent


Advocates Appeared:
V. Rama Shenoi and R. Raya Shenoi, for the petitioners.
The Advocate-General and The Government Pleader, for the respondents.

JUDGMENT

VAIDIALINGAM, J. - In these three writ petitions, Mr. V. Rama Shenoi, learned counsel for the petitioners, challenges the orders of assessment to sales tax made by the respective Sales Tax Officers.

2. Though the petitioners in each of these writ petitions are different, these writ petitions have been heard together, because common questions of law have been raised by Mr. Ram Shenoi, learned counsel for the petitioners.

3. The common questions of law the arise for decision in all these writ petitions are :

(1) The legality of the levy of surcharge under the Kerala Surcharge on Taxes Act, XI of 1957, and

(2) Whether transactions in "maida" are exempt from payment of sales tax under section 5, clause (vi), of the General Sales Tax Act.

4. There is also a special question that arises for decision in O.P. No. 1585 of 1960, as to whether the order of assessment therein suffers from the infirmity of being arbitrary and passed in violation of the principles of natural justice.

5. I may at this stage mention that as against the assessment orders, which are under attack in O.P. Nos. 214 and 215 of 1960, appeals before the appropriate Appellate Assistant Commissioners are pending. I













































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