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1978 Supreme(P&H) 98

S.S.SANDHAWALIA, P.C.JAIN, S.S.DEWAN
Desh Raj Parshotam Lal – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. In this set of four Civil Writ Petitions Nos. 2145, 2459 and 2191 of 1978 and No. 3316 of 1977 the primary and indeed the only challenge laid is against the constitutional validity of S.8(1), (2), (2-A) and S.9(2), (3) of the Central Sales Tax Act, 1956 (hereinafter referred to as the Act).

2. In view of what follows, it is wholly unnecessary to advert to the facts. It would, however, suffice to mention that the primary consideration for placing these cases before the Full Bench was the apparent conflict between the Single Bench decision of this Court in Malwa Sugar Mills Co. Ltd. V/s. The Assessing Authority (Excise and Taxation Officer), Sangrur, (1976) 38 STC 39 (Punj), and the subsequent Division Bench judgement reported in Babu Ram Jagdish Kumar and Co. V/s. The State of Punjab, (1976) 38 STC 259 (Punj).

3. Mr. R.C. Dogra and Mr. Shaukat Ali, appearing for the petitioners in all the four cases, have frankly conceded their total inability to lay any challenge to the vires of S.8 and S.9 of the Act in face of the binding precedent of the Supreme Court. Both the learned counsel have very fairly brought to our notice that in State of Tamil Nadu V/s.




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