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september 2022

Supreme Court of India · 2022-09-19

COMMR.TRADE TAX U.P. vs M/S RADICO KHETAN LTD.

Citation / case number
SC 2009/8572
Court
Supreme Court of India
Petitioner
COMMR.TRADE TAX U.P.
Respondent
M/S RADICO KHETAN LTD.
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court upheld the decision of the Trade Tax Tribunal, confirming that the recovery certificate issued against the original assessee could not be enforced against the purchaser, M/s. Radico Khetan Ltd. The court reasoned that the transfer of property occurred while assessment proceedings were pending, and thus the purchaser was not liable for the tax dues of the original assessee. The appeals by the Revenue were dismissed, affirming the Tribunal's ruling.

COMMR.TRADE TAX U.P. vs M/S RADICO KHETAN LTD. · Niyam