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may 1988

Supreme Court of India · 1988-05-09

STATE OF U.P. & ANOTHER vs HAJI ISMAIL NOOR MOHAMMAD & CO.

Citation / case number
SC 1975/60546
Court
Supreme Court of India
Petitioner
STATE OF U.P. & ANOTHER
Respondent
HAJI ISMAIL NOOR MOHAMMAD & CO.
Bench
VENKATACHALLIAH, M.N. (J)

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's interpretation of Section 4-B of the U.P. Sales Tax Act, 1948, stating that the requirement for a dealer to hold a recognition certificate does not necessitate contemporaneity with the purchases. The Court clarified that as long as the dealer holds the certificate at the time of assessment, the relief under Section 4-B applies, thus rejecting the Revenue's contention that the certificate must be held at the time of purchase. The Court concluded that the statutory language allows for a recognition certificate obtained after the purchases, affirming the High Court's ruling that the relevant rule was ultra vires Section 4-B.

STATE OF U.P. & ANOTHER vs HAJI ISMAIL NOOR MOHAMMAD & CO. · Niyam