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january 2003

Supreme Court of India · 2003-01-23

GHAZIABAD DEVELOPMENT AUTHORITY vs ANOOP SINGH

Citation / case number
SC 1993/82399
Court
Supreme Court of India
Petitioner
GHAZIABAD DEVELOPMENT AUTHORITY
Respondent
ANOOP SINGH
Author
P. VENKATARAMA REDDI K.G. BALAKRISHNAN
Bench
P. VENKATARAMA REDDI K.G. BALAKRISHNAN

Judgment text excerpt

The Supreme Court held that the imposition of a penalty under Section 15A(1)(g) of the Uttar Pradesh Sales Tax Act, 1948, was unjustified as the dealer was not under a legal obligation to register for the assessment year 1977-78. The Court clarified that without giving the dealer an opportunity to explain their claim under Section 8A(1)(c), the penalty could not be sustained. The Court distinguished the case from L. Hazari Mal Kuthiala v. Income-tax Officer, emphasizing that the dealer had commenced business in the preceding year and was not registrable for the current assessment year.

GHAZIABAD DEVELOPMENT AUTHORITY vs ANOOP SINGH · Niyam