VidhiSangh

Supreme Court of India · 19/09/2022

THE COMMISSIONER, TRADE TAX, U.P. versus M/S RADICO KHETAN LTD

[2022] 12 S.C.R. 797 · 2022 INSC 976

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Shaw Scott Distillery owed trade tax for the early 1980s. In 1985–86 it sold its plant, machinery and goods to the respondent (now Radico Khetan) for Rs. 12.12 lakh, a consideration the Revenue did not dispute. The original assessment had concluded in 1984 and was reopened only in 1988. A recovery certificate was issued against the assessee in 1990, and in 1993 the Assessing Officer, treating the sales as void under Section 34 of the U.P. Trade Tax Act, endorsed it for recovery from the purchaser. The Tribunal set the endorsement aside and the High Court dismissed the Revenue's revisions. The Supreme Court dismissed the Revenue's appeals. Section 34 applies only to transfers made while proceedings under the Act are pending and with intent to defraud, and it protects transferees in good faith for consideration. No proceedings were pending when the transfers were made.

Issues

  1. Whether a recovery certificate against a defaulting dealer can be enforced against a purchaser of its property under Section 34 of the U.P. Trade Tax Act, 1948 where the transfer preceded reopening of the assessment
  2. What conditions must be satisfied before a transfer can be treated as void under Section 34

Provisions considered

Held

Result

Appeals dismissed. The orders setting aside the endorsement of the recovery certificate against the purchaser were upheld; no costs.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 797.