UDAIPUR CEMENT WORKS vs COMMERCIAL TAXES OFFICER — C.A. No. 4931/2008

Case under Section XV. Status: DISPOSED.

CNR: SCIN010340892006

DISPOSED

Filing Date

22-Dec-2006

Registration No

C.A. No. 4931/2008

Diary Number

34089/2006

Order Date

07-Aug-2008

Document Type

ROP - of Main Case

Disposal Type

Dismissed

Data as of 03-Jul-2026

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Acts & Sections

Section XV

Petitioner(s)

UDAIPUR CEMENT WORKS

Adv. SYED SHAHID HUSSAIN RIZVI

Respondent(s)

COMMERCIAL TAXES OFFICER

Orders

View Full Judgment
casestatus.in Summary

Case Summary: Udaipur Cement Works v. Commercial Taxes Officer The Supreme Court allowed Udaipur Cement Works' appeals and set aside the Rajasthan High Court's judgment, finding it was passed ex-parte without hearing the appellant despite its authorized representative and advocate being present on November 9, 2006. The Court remitted the matter to the High Court for fresh consideration on two key issues: (1) whether the Assessing Officer could reopen the assessment based on the auditor's report or if it constituted impermissible "change of opinion," and (2) whether surcharge was payable under the Rajasthan Sales Tax Act on the appellant's sales. No costs were awarded. This case analysis is maintained by casestatus.in based on publicly available court records.

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