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march 1986

Supreme Court of India · 1986-03-12

BAKUL CASHEW CO. & ORS. vs SALES TAX OFFICER QUILON & ANR.

Citation / case number
SC 1977/61718
Court
Supreme Court of India
Petitioner
BAKUL CASHEW CO. & ORS.
Respondent
SALES TAX OFFICER QUILON & ANR.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the appellants, cashew processors, were not entitled to relief under the principle of promissory estoppel or based on the earlier Notification under Section 10 of the Kerala General Sales Tax Act, 1963. The Court found that the necessary factual foundation for promissory estoppel was lacking, as there was no definite representation by the Government that taxes would not be levied, nor evidence that the appellants altered their position based on such representation. The Court dismissed the appeal, affirming the validity of the Government's withdrawal of the sales tax exemption granted retrospectively.

BAKUL CASHEW CO. & ORS. vs SALES TAX OFFICER QUILON & ANR. · Niyam