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M/S.Abt Industries Ltd vs State Of Kerala on 5 January, 2011

Kerala High Court
M/S.Abt Industries Ltd vs State Of Kerala on 5 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 267 of 2010()


1. M/S.ABT INDUSTRIES LTD.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.A.KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :05/01/2011

 O R D E R
    C.N.RAMACHANDRAN NAIR & M.L.JOSEPH FRANCIS, JJ.
           ----------------------------------
             S.T.Revision Nos.267 & 268 of 2010
            ---------------------------------
            Dated, this the 5th day of January, 2011

                        J U D G M E N T

Ramachandran Nair, J.

As of now, the issue stands decided against the

petitioners vide judgment of the Supreme Court in Mohd.

Ekram Khan & Sons v. Commissioner of Trade Tax, U.P.,

reported in 136 STC 515. However, Shri.Kumar, learned

counsel appearing for the petitioners pointed out that against

a later judgment of this Court following the above decision of

the Supreme Court, an SLP has been filed, and the Supreme

Court has admitted the SLP and the matter is posted for

hearing. We feel, if the judgment of the Supreme Court above

referred is reversed by them later, the petitioners will be given

the benefit.

Accordingly, these revision cases are dismissed but with

a direction to the Assessing Officer to grant relief to the

S.T.Revn.Nos.267 & 268/2010
-2-

petitioners based on the decision of the Supreme Court in the

pending SLPs i.e. SLP Nos.14260/2007 & connected cases.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(M.L.JOSEPH FRANCIS, JUDGE)

jg

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