Supreme CourtDivision Bench

C.V. and Co. and Others vs State of Kerala

Supreme Court Of India · Decided on 8 February 2000 · Citation: AIR 2000 SC 2949 : (2000) AIRSCW 3169 : (2000) 10 JT 161 : (2000) 6 SCALE 317 : (2000) 8 SCC 235 : (2000) 3 SCR 179 Supp : (2000) 6 Supreme 222

HON’BLE JUDGES
S. P. Bharucha, J · Ruma Pal, J
ACTS & SECTIONS REFERRED
Entry 138 of the First Schedule to the Kerala General Sales Tax Act
RESULT
Dismissed
CASE NUMBER
Civil Appeals Nos. 1073-77 Of 1999
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Judgment

2 paragraphs · 169 words
1.

That for earlier years the Board of Revenue and the State Government had taken a different view did not bar the Sales Tax authorities from taking the present view for the assessment year in question and that view has been upheld by the authorities and the High Court. We find no material on the record which would justify our making a distinction between tractor trailers which the appellant manufacture and other kinds of trailers on the ground that the former are slow moving trailers and the latter are fast moving trailers or otherwise. Therefore, all trailers would fall within the scope of Entry 138 of the first Schedule to the Kerala General Sales Tax Act, as amended with effect from 16th September, 1980. Even read as taking its colour from the words surrounding it, we find that "trailers" therein would encompass all trailers that are drawn on wheels and are adjuncts to vehicles that are powered by engines.

2.

The appeals are dismissed. No order as to costs.