Supreme CourtFull Bench(2001) 03 SC CK 0052

Shahnas Trading Co. and Others vs State of Kerala and Others

Supreme Court Of India · Decided on 22 March 2001

HON’BLE JUDGES
Y. K. Sabharwal, J · S. P. Bharucha, J · R. C. Lahoti, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No: 653, 654, 655, 666, 657 of 1999

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 192 words
1.

We see no reason to interfere with the judgment and order under appeal which, in turn, has followed an earlier decision of the High Court in E.K. Hajee Mohammed Meera Sahib and Sons Vs. The Assistant Commissioner of Sales Tax (Assessment) and Another, . We find no merit in the submission that the words "to satisfy himself that there is no evasion of tax" in Section 29A of the Kerala General Sales Tax Act should be read only in the context of the words "to verify the documents required by Sub-section (2) of Section 29 to be in the possession of the person transporting the goods". That would be to limit the power of the officer to the verification of documents and to render the words "and to satisfy himself that there is no evasion of tax" otiose, which cannot be done.

2.

We need to point out that the writ petition filed before the High Court did not question the constitutionality of any provision and, therefore, the question of constitutionality cannot now be raised in the grounds of the special leave petition.

3.

The civil appeals are dismissed with costs.