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july 2008

Supreme Court of India · 2008-07-31

Commnr. Of Sales Tax, U.P vs M/S. Hind Lamps Ltd

Court
Supreme Court of India
Petitioner
Commnr. Of Sales Tax, U.P
Respondent
M/S. Hind Lamps Ltd
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's ruling that a dealer can adjust amounts refundable under Section 29 of the U.P. Trade Tax Act, 1948 against tax payable for subsequent periods. The Court clarified that the assessing authority must allow such adjustments as per the provisions of the Act, which permits refunds to be adjusted against outstanding dues. The judgment confirmed the High Court's interpretation of the statute, thereby allowing the dealer to make the necessary adjustments and rejecting the Revenue's contention that such adjustments were impermissible.

Commnr. Of Sales Tax, U.P vs M/S. Hind Lamps Ltd · Niyam