2009 (9) TMI 418

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....te, for the Respondent. [Order]. - The petitioner seeks to quash the recovery notice issued by the third respondent dated 28-8-1996 and further direct the respondents to give effect to the judgment of the Supreme Court in the case of Vikas Sales Corporation v. Commissioner of Commercial Taxes, (1996) 102 STC 106 with effect from 1-5-1996. 2. The petitioner is a manufacturer and exporter of l....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he third respondent for each assessment year from 1989-90 to 1994-95. The said assessment or revision of assessment has not been challenged. However, on issuance of notice of recovery of arrears, this writ petition is filed on the ground that the issue of taxability of the transfer value of REP licence under the Tamil Nadu General Sales Tax Act, has been settled by the Supreme Court in Vikas Sales....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... judgment, i.e., 4-4-1994. The petitioner did not pursue such statutory remedies, but has filed the present writ petition. Yet another factor to be noted is that the petitioner approached Government of Tamil Nadu to permit it to pay the arrears in 12 monthly instalments and obtained an order to that effect in G.O. (D) No. 507 CT Department dated 11-12-1997, but failed to pay even a single instalme....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eme Court being declaration of the true and correct position of law became applicable to all the transactions and proceedings which have not become final and concluded. The rendering of a judgment by the Supreme Court is not the same as enactment of a statute. A decision of the Supreme Court does not make the law, but merely explains and puts in proper perspective the true position and effect of t....