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march 2007

Supreme Court of India · 2007-03-22

M/S. RASHTRIYA AUDYOGIK SANSTHAN vs COMMISSIONER OF TRADE TAX, U.P.

Citation / case number
SC 2005/18146
Court
Supreme Court of India
Petitioner
M/S. RASHTRIYA AUDYOGIK SANSTHAN
Respondent
COMMISSIONER OF TRADE TAX, U.P.
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that under Section 11 of the Uttar Pradesh Trade Tax Act, 1948, the High Court must formulate a question of law when exercising its jurisdiction in revision petitions. The Court found that the High Court's order, which did not specify any question of law, was impermissible and thus set aside the High Court's decision, restoring the orders of the Trade Tax Tribunal. The ruling clarified the procedural requirements for revision under the Act, emphasizing the necessity of articulating legal questions.

M/S. RASHTRIYA AUDYOGIK SANSTHAN vs COMMISSIONER OF TRADE TAX, U.P. · Niyam