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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.

Citation / case number
SC 2004/20053
Court
Supreme Court of India
Petitioner
COMMNR. OF SALES TAX, U.P.
Respondent
M/S. HIND LAMPS LTD.
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's decision allowing a dealer to adjust excess tax payments against current tax liabilities under Section 29 of the U.P. Trade Tax Act, 1948. The Court clarified that the provisions of Section 29 permit such adjustments, thereby rejecting the Assessing Officer's interpretation that disallowed the dealer's claim. The ruling emphasized the dealer's right to a refund and the procedural framework for adjustments, affirming the High Court's judgment.

COMMNR. OF SALES TAX, U.P. vs M/S. HIND LAMPS LTD. · Niyam