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Duroflex Coir Industries Limited v. Assistant Commissioner (assessment) Of Sales Tax And Others

Duroflex Coir Industries Limited v. Assistant Commissioner (assessment) Of Sales Tax And Others

(Supreme Court Of India)

Special Leave Petition (Civil) No. 6560 And 6561 Of 1991 | 25-10-1991

The petitioner challenges the correctness of the judgment of the Kerala High Court which upheld the validity of provisional assessments made under the Kerala General Sales Tax Act, 1963, as amended in 1982. The main point made by the petitioner was that, since section18 of the which provided for provisional assessments had been deleted, sub-rules (7) to (14) of rule 21 which had earlier been framed to give effect to the scheme of provisional assessments under section 18 should also be treated as having become otiose and should have been deleted. Learned counsel for the petitioner confined himself before us to a challenge to sub-rule (9) of rule 21.

The above point has been decided against the petitioner by the High Court following an earlier judgment reported in Asoka Oil Mills v. Sales Tax Officer 1985 (58) STC 282 (Ker) [LQ/KerHC/1984/132] . We have perused the judgment of the High Court and heard counsel at some length. We are in agreement with the reasoning and conclusion of the High Court. Moreover, this is a point more or less of procedure and the decision above referred to is being followed in the State of Kerala since 1984 when the above judgment was delivered. There is no reason to disturb this position. In these circumstances, we see no reason to interfere and we dismiss the special leave petitions. We, however, make no order as to costs.

Petitions dismissed.

Advocate List
  • Joseph Vellapally, Sudhir Gopi, M. K. D. Namboodiri, P. S. Poti, Ms. Malini Poduval, K. R. Nambiar, Advocates.
Bench
  • HON'BLE JUSTICE S. RANGANATHAN
  • HON'BLE JUSTICE VEERASWAMI RAMASWAMI
Eq Citations
  • [1992] 85 STC 157
  • (1993) SUPPL. 1 SCC 568
  • LQ/SC/1991/569
Head Note

Sales Tax — Provisional assessment — Relevance of — Validity of provisional assessment made under KGST Act, 1963 — Provisional assessments provided for in s. 18 of 1963 Act — Deletion of s. 18 of 1963 Act in 1982 — Effect of — Provisional assessments made under r. 21 of 1963 Rules — Relevance of — KGST Rules, 1963, r. 21 r/w s. 18 of 1963 Act