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1997 DIGILAW 1170 (SC)

Coimbatore Pioneer Rolling Mills v. Deputy Commissioner Of Sales Tax (Law) , Ernakulam

1997-07-31

S.P.BHARUCHA, V.N.KHARE

body1997
ORDER 1. The State of Keralas Government Order dated 25-10-1979 gives the benefit of the waiver therein stated to steel manufacturers in Kerala. The manufacture of steel in question was not in Kerala but in Tamil Nadu. It is submitted on behalf of the appellant that there was a similar notification in Tamil Nadu and that, on a writ petition filed in the High Court at Madras, it was held that the benefit of the Tamil Nadu notification would be available if the end products were made from raw materials which had already suffered tax in Tamil Nadu irrespective of whether the manufacture was inside that State or not. A special leave petition against the judgment of the High Court at Madras was dismissed. The Tribunal, in the present case, relying upon the judgment of the High Court at Madras read the Kerala notification in the same manner and granted the appellant relief. The Sales Tax authorities appealed to the High Court and the High Court set aside the Tribunals order. In our view, the High Court was right 2. The appeal is dismissed. No order as to costs.