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november 2008

Supreme Court of India · 2008-11-19

Corporation Bank vs M/S Saraswati Abharansala & Anr

Citation / case number
AIR 2008 SC (SUPP) 1097
Court
Supreme Court of India
Petitioner
Corporation Bank
Respondent
M/S Saraswati Abharansala & Anr
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the issue of sales tax refund under the amended SRO 1075/99, which reduced the sales tax rate from 1% to 0.5% with retrospective effect from April 1, 1999. The Court held that the original notification under SRO 1728/93, which stated that tax collected at a higher rate shall not be refunded, was valid and applicable, thereby denying the refund claim of Rs.20,97,763.50 made by the first respondent. The Court concluded that the amendment did not alter the obligation to remit the higher tax collected, thus upholding the decision of the Assistant Commissioner of Sales Tax.

Corporation Bank vs M/S Saraswati Abharansala & Anr · Niyam