COMNR. OF TRADE TAX, U.P. vs M/S. KANHAI RAM THEKEDAR — C.A. No. 2679/2000

Case under Section III-A. Status: Disposed.

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

Section III-A

Petitioner(s)

  1. 1.COMNR. OF TRADE TAX, U.P.

    Adv. JATINDER KUMAR BHATIA

Respondent(s)

  1. 1.M/S. KANHAI RAM THEKEDAR

    Adv. RANBIR SINGH YADAV

Case History

  1. Case disposedDisposed

  2. 29-Apr-2005

    Judgment - of Main CaseView PDF

  3. 29-Apr-2005

    ROP - of Main CaseView PDF

  4. 27-Apr-2005

    ROP - of Main CaseView PDF

  5. 02-Mar-2000

    Case filed

    Registration No. C.A. No. 2679/2000

casestatus.in Summary

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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