Commissioner Of Sales Tax, U.p
v.
General Manager, North Eastern Railway And Another
(Supreme Court Of India)
Civil Appeal No. 3037 Of 1989 | 14-07-1994
KULDIP SINGH, J.
We have today pronounced judgment in Commissioner of Sales Tax, U.P., Lucknow v. General Manager, North Eastern Railway, Gorakhpur (C.A. No. 3037 of 1980). We allow these appeals on the same reasoning, in similar terms and grant the same relief. The impugned judgment of the High Court dated 23-8-1982 is set aside. The orders of all the authorities under the Act are set aside. The matter is remanded back to the Sales Tax Officer, Gorakhpur to hold the assessment proceeding afresh after hearing the railway authorities. No costs.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE KULDIP SINGH
HON'BLE JUSTICE YOGESHWAR DAYAL
Eq Citation
JT 1994 (5) SC 416
(1994) SUPPL. 2 SCC 715
LQ/SC/1994/621
HeadNote
Sales Tax — U.P. Sales Tax Act, 1948 (1 of 1948) — S. 3(1)(a) — Exemption from tax — Goods sold by railway — Held, goods sold by railway are not exempted from tax