STATE OF JAMMU AND KASHMIR STATE OF JAMMU INDUSTRIES AND COMMERCE DEPTT. CIVIL SECRETATIAT COMMISSIONER vs M/S.TRIKUTA ROLLER FLOUR MILLS.P.LTD — C.A. No. 9844/2011
Case under Section XI-B. Status: DISPOSED.
CNR: SCIN010006992006
Filing Date
04-01-2006 03:10 PM
Registration No
C.A. No. 9844/2011
Diary Number
699/2006
Order Date
18-08-2017
Document Type
Judgement - of Main Case
Neutral Citation
2017 INSC 771
Disposal Type
Allowed
Acts & Sections
Petitioner(s)
STATE OF JAMMU AND KASHMIR STATE OF JAMMU INDUSTRIES AND COMMERCE DEPTT. CIVIL SECRETATIAT COMMISSIONER
Adv. M. SHOEB ALAM (Dead / Retired / Elevated) SUNIL FERNANDES (Dead / Retired / Elevated)
Respondent(s)
M/S.TRIKUTA ROLLER FLOUR MILLS.P.LTD
Adv. ABHINAV MUKERJI (Dead / Retired / Elevated) [R-2]
Hearing History
Judge: HON'BLE MR. JUSTICE RANJAN GOGOI and HON'BLE MR. JUSTICE NAVIN SINHA
Fixed Date by Court
Fixed Date by Court
Fixed Date by Court
Administrative Order
| Date | Purpose |
|---|---|
| 18-08-2017 | Fixed Date by Court |
| 18-08-2017 | Fixed Date by Court |
| 09-08-2017 | Fixed Date by Court |
| 27-07-2017 | Administrative Order |
Orders
Summary of State of Jammu & Kashmir v. Trikuta Roller Flour Mills (2017) The Supreme Court allowed the State's appeals, setting aside the High Court's order that had invalidated a 1993 policy restricting Central Sales Tax (CST) refunds to small-scale industrial units. The Court held that the State had valid grounds to modify its earlier refund policy due to fraudulent claims and revenue erosion, and that judicial review of executive economic policy should be limited to arbitrariness or unreasonableness. However, the Court clarified that benefits already granted and availed cannot be withdrawn, protecting vested rights. This case analysis is maintained by casestatus.in based on publicly available court records.
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