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october 2008

Supreme Court of India · 2008-10-24

S/S KANPUR EDIBLES PVT.LTD. vs COMMR.TRADE TAX,U.P.

Citation / case number
SC 2007/17833
Court
Supreme Court of India
Petitioner
S/S KANPUR EDIBLES PVT.LTD.
Respondent
COMMR.TRADE TAX,U.P.
Author
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's decision regarding the applicability of Section 10-B of the U.P. Sales Tax Act, 1948, affirming that the order passed by the Commissioner of Trade Tax was within the limitation period. The Court clarified that notices issued under Section 10-B must relate to the specific order being revised, and cannot extend to final orders of assessment that have not been challenged. The Court ultimately ruled that the Tribunal's reversal of the Joint Commissioner's order was incorrect, thereby reinstating the High Court's judgment.

S/S KANPUR EDIBLES PVT.LTD. vs COMMR.TRADE TAX,U.P. · Niyam