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august 2005

Supreme Court of India · 2005-08-17

M/S Bharat & Company vs Trade Tax Officer & Anr

Court
Supreme Court of India
Petitioner
M/S Bharat & Company
Respondent
Trade Tax Officer & Anr
Author
Ruma Pal
Bench
Ruma Pal, Ar Lakshmanan

Judgment text excerpt

The Supreme Court ruled that the seizure of goods under Section 28-A of the U.P. Trade Tax Act, 1948 was invalid as the appellant was not provided a copy of the show cause notice, violating principles of natural justice. The Court emphasized that the lack of proper notice and opportunity to respond rendered the seizure order unsustainable. Consequently, the Court directed the release of the seized gambier, holding that the procedural safeguards under the Act must be adhered to.

M/S Bharat & Company vs Trade Tax Officer & Anr · Niyam