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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
SC 2011/32814
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
R.K. AGRAWAL SHIVA KIRTI SINGH

Judgment text excerpt

The Supreme Court examined 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, KAIL Ltd., was not the brand name holder of 'Sansui' and thus should not be treated as the first seller, allowing for the second sale exemption. Consequently, the Court set aside the High Court's ruling and restored the Tribunal's decision in favor of the appellant.

KAIL LTD. FORMERLY KITCHEN APPL.(I) LD. vs STATE OF KERALA TR.JT.COMMR.(LAW) · Niyam