Supreme Court · 2023 INSC 530 · Decided 12 May 2023

M/S. K.B. Tea Product PVT. LTD. & ANR. v. Commercial Tax Officer, Siliguri & ORS.

Court
Supreme Court of India
Citation
2023 INSC 530 · [2023] 8 S.C.R. 828
Case number
CIVIL APPEAL No. 2297/2011
Decided
12 May 2023
Bench
M.R. SHAH, KRISHNA MURARI (2-judge bench)
Outcome
Matter referred to larger bench
Case type
Civil

Headnote

Doctrines/Principles - Doctrine of legitimate expectation - West Bengal Sales Tax Act, 1994 - ss.2(17), 17(3)(a)(xi), 39 - West Bengal Finance Act, 2001 - West Bengal Sales Tax Rules, 1995 - r.52 - Bengal Finance (Sales Tax) Act, 1941 Whether despite s.2(17) of the 1994 Act which was amended w.e.f. 01.08.2001, omitting "tea blending" from the definition of "manufacture", the appellants shall still be entitled to the exemption from payment of sales tax - Held: Per M.R. Shah, J. Nobody can claim the

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