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october 2016

Supreme Court of India · 2016-10-26

Kail Ltd. Formerly Kitchen Appl.(I) Ld vs State Of Kerala Tr.Jt.Commr.(Law)

Citation / case number
AIR 2016 SUPREME COURT 4974
Court
Supreme Court of India
Petitioner
Kail Ltd. Formerly Kitchen Appl.(I) Ld
Respondent
State Of Kerala Tr.Jt.Commr.(Law)
Author
R.K. Agrawal
Bench
Shiva Kirti Singh, R.K. Agrawal

Judgment text excerpt

The Supreme Court addressed the legality of the Kerala High Court's orders regarding the assessment of sales tax under the Kerala General Sales Tax Act, 1963, specifically Section 5(2). The Court held that the appellant-Company, KAIL Ltd., was not the brand name holder of 'Sansui' and thus was entitled to the second sale exemption. The Court overturned the High Court's decision, emphasizing that the brand name rights belonged to M/s Sansui Electric Co. Ltd., Japan, and not to the appellant-Company, thereby allowing the appeal.

Kail Ltd. Formerly Kitchen Appl.(I) Ld vs State Of Kerala Tr.Jt.Commr.(Law) · Niyam