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march 2008

Supreme Court of India · 2008-03-07

Periyar & Pareekanni Rubbers Ltd vs State Of Kerala

Court
Supreme Court of India
Petitioner
Periyar & Pareekanni Rubbers Ltd
Respondent
State Of Kerala
Author
S.B. Sinha
Bench
Harjit Singh Bedi, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the liability of a company under the Kerala General Sales Tax Act, 1963, after it leased its distillery to another entity. The Court held that the assessing authority must determine the tax liability for the assessment years 1986-87 and 1987-88, as the business was conducted by the lessee under the lease agreement. The judgment quashed prior recovery proceedings against the appellant, affirming that the question of liability should be resolved during the final assessment process.

Periyar & Pareekanni Rubbers Ltd vs State Of Kerala · Niyam