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january 2015

Supreme Court of India · 2015-01-13

ASST. COMMNR.(ASSESSMENT), ERNAKULAM vs HINDUSTAN VIDYUT PRODUCTS LTD. .

Citation / case number
SC 2004/2453
Court
Supreme Court of India
Petitioner
ASST. COMMNR.(ASSESSMENT), ERNAKULAM
Respondent
HINDUSTAN VIDYUT PRODUCTS LTD. .
Author
H.L. DATTU
Bench
S.A. BOBDE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed whether an 'Official Liquidator' qualifies as a 'dealer' under Section 2(viii) of the Kerala General Sales Tax Act, 1963. The Court held that the Official Liquidator is not a dealer and thus not required to collect sales tax on sales made during liquidation. The judgment of the High Court was set aside, affirming that the auction purchaser is liable to pay purchase tax under Section 5A of the Act, 1963.

ASST. COMMNR.(ASSESSMENT), ERNAKULAM vs HINDUSTAN VIDYUT PRODUCTS LTD. . · Niyam