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february 1989

Supreme Court of India · 1989-02-02

COMMISSIONER OF SALES-TAX, U.P., LUCKNOW vs SUPER COTTON BOWL REFILLING WORKS & ANR.

Citation / case number
SC 1989/72595
Court
Supreme Court of India
Petitioner
COMMISSIONER OF SALES-TAX, U.P., LUCKNOW
Respondent
SUPER COTTON BOWL REFILLING WORKS & ANR.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 35 of the U.P. Sales Tax Act, 1948, a revision to the High Court from the decision of the Commissioner, which has been subject to appeal before the Tribunal, is not maintainable. The Court clarified that the decision of the Commissioner is quasi-judicial in nature, and the absence of a specific provision allowing for further revision indicates that such a revision cannot be entertained. The appeal by the Commissioner was dismissed, affirming the High Court's decision.

COMMISSIONER OF SALES-TAX, U.P., LUCKNOW vs SUPER COTTON BOWL REFILLING WORKS & ANR. · Niyam