Supreme Court · 2003 INSC 95 · Decided 17 February 2003

Commissioner of Sales Tax and ORS. v. M/S Subhash & CO.

Court
Supreme Court of India
Citation
2003 INSC 95 · [2003] 2 S.C.R. 44
Case number
CIVIL APPEAL No. 1374/2003
Decided
17 February 2003
Bench
SHIVARAJ V. PATIL, ARIJIT PASAYAT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

OF SALES TAX AND ORS. v. MIS SUBHASH & CO. FEBRUARY 17, 2003 B [SHIVARAJ V. PATIL AND ARIJJT PASAYAT, JJ.) Sales Tax: MP. Sales Tax Act, 1958-Section 19(/)-MP. General Sales Tax Rules, C 1959-Rule 63-Re-assessment-Procedure for service of notice-Reassessment proceedings challenged as any right for the assessee to raise plea of limitation to be improper-On D appeal-Held, whenever an order is struck down as violative of principles of natural justice, there is no final decision of the case and the proceedings are left open-Hence, de nova assessment is justified-Non-issue of

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