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.