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

1962 Supreme(Online)(Ker) 8

KERALA HIGH COURT
P. N. Menon, J
S. Ramanatha Shenoy and Co. v. STO Tellicherry and Another


Advocates:
For the Petitioners: Mr. V. Rama Shenoi
For the Respondents:Advocate General

1In 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. Rama Shenoi, learned counsel for the petitioners.

3 The common questions of law that arise for decision in all these writ petitions are:
(1) the legality of the levy of surcharge under the Kerala Surcharge on Taxes Act, Act XI of 1957, and
(2) Whether transactions in 'maida' are exempt from payment of sales tax under S.5 clause (vi) of the General Sales Tax Act .

4 There is also a special question that arises for decision in O. P. No. 1585/60, 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. In those appeals, I am informed by Mr. Ra













































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