COMNR. OF TRADE TAX, U.P. vs M/S. KANHAI RAM THEKEDAR — C.A. No. 2679/2000
Case under Section III-A. Status: Disposed.
CNR: SCIN010040562000
Filing Date
02-Mar-2000
Registration No
C.A. No. 2679/2000
Diary Number
4056/2000
Order Date
29-Apr-2005
Document Type
Judgment - of Main Case
Disposal Type
Dismissed
Last updated 01-Jun-2026
Acts & Sections
Petitioner(s)
-
1.COMNR. OF TRADE TAX, U.P.
Adv. JATINDER KUMAR BHATIA
Respondent(s)
-
1.M/S. KANHAI RAM THEKEDAR
Adv. RANBIR SINGH YADAV
Case History
Case Summary: Commissioner of Trade Tax, U.P. v. M/s. Kanhai Ram Thekedar The Supreme Court dismissed the State's appeal, upholding that interest demand was unjustified due to inordinate delay. While confirming that interest liability under U.P. Trade Tax Act Section 8 arises automatically by operation of law without requiring a separate notice, the Court held that the four-year gap between the initial assessment order (June 1986) and the interest demand (July 1990) exceeded reasonable limits, particularly given the three-year rectification period prescribed by law. Accordingly, the assessee was absolved of interest liability, with the Court directing recovery be sought from the negligent assessing officers instead. This case analysis is maintained by casestatus.in based on publicly available court records.
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