Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Trade Tax Act 1948 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Trade Tax Act, 1948 – s. 34 – When applicable – Held: s. 34 shall be applicable only in a case where there is a transfer of immovable property belonging to the original assesee, during the pendency of any proceedings under the Act with the intention of defrauding any such tax or other dues – As per proviso to s. 34, nothing in s. 34 shall impair the rights of a transferee in good faith and for consideration – In the present case, the transfer of goods, plant, and machinery (may be treated as immovable property) in favour of the respondent-purchaser took place on 12.12.85 and 01.01.86 for consideration, whereas the assessment proceedings (for the assessment years 1980-81, w.r.t which the amount of tax due and payable by the original assessee is in dispute) had concluded in the year 1984 and assessment was reopened in the year 1988 – Also, the recovery certificate was issued against the original assessee on 15.04.90 and the endorsement for recovery against the purchaser was on 26.03.93 – Thus, at the time of transfer of immoveable property of the assessee which was for value/consideration, no proceedings under the Act were pending, therefore s. 34 shall not be applicable – Hence, the endorsement to recover the amount due and payable by the original assessee against the purchaser which was in exercise of powers u/s.34 was rightly set aside by the Trade Tax Tribunal – No error committed by High Court in dismissing the revision applications confirming the orders passed by the Tribunal |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 976 |
Petitioner | The Commissioner, Trade Tax, U.p. |
Respondent | M/s Radico Khetan Ltd |
SCR | [2022] 12 S.C.R. 797 |
Judgement Date | 2022-09-19 |
Case Number | 6396 |
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