The Karimtharuvi Tea Estates Ltd., ... vs State Of Kerala & Ors on 1 November, 1962
The Bench decision of this Court relied on by the learned Judge should be treated as impliedly overruled by the Supreme Court in Karimtharuid Tea Estate Ltd. vs. State of Kerala (1966) 60 1TR 262 (SC) : AlR 1966 SC 1385 . The question that was considered by this Court as well the Supreme Court was whether the Kerala Surcharge on Tax Act, 1957, which came into force on 1st Sept., 1957, could be regarded as law in force at the commencement of the asst. yr. 1957-58, so as to levy tax under the above Act against the assessee for the asst. yr. 1957-58. This Court took the view that the Act would be applicable in respect of transaction prior to Ist Sept., 1957, and, therefore, an assessment could be made for the asst. yr. 1957-58. This decision was reversed by the Supreme Court and holding that the surcharge having come into force on Ist Sept., 1957, and the said Act not being retrospective in operation, it could not be regarded as law in force at the commencement of the year of assessment 1967-58-, therefore, no surcharge could be levied under the Act for the asst. yr. 1957-58. In the present case, we have to examine the effect of the amendment which came into force on 1st July, 1987, in the light of the scheme of the Act.