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april 1967

Supreme Court of India · 1967-04-07

SALES TAX OFFICER vs K. I. ABRAHAM

Citation / case number
SC 1966/60169
Court
Supreme Court of India
Petitioner
SALES TAX OFFICER
Respondent
K. I. ABRAHAM
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the third proviso to Rule 6(1) of the Central Sales Tax (Kerala) Rules is ultra vires of Section 9(4) read with Sections 13(3) and (4) of the Central Sales Tax Act, 1956. The Court clarified that the phrase 'in the prescribed manner' in Section 8(4) does not authorize the rule-making authority to impose a time limit for filing declaration forms. The assessee's filing of the declaration forms after the prescribed date but before the assessment order was deemed valid, leading to the High Court's decision being upheld.

SALES TAX OFFICER vs K. I. ABRAHAM · Niyam