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Sales Tax Officer, Sector Ix, Kanpur vs Dealing Dairy Products And Another on 10 May, 1994

"Our attention has been drawn to two judgments of this Court that squarely cover the issue in favor of the appellant-State. They are the judgments in Commissioner, Sales Tax, U.P. v. Agra Beltin'g Works, [1987] 66 STC 1 and in Sales Tax Officer, Sector IX, Kanpur v. Darling Dairy Products [1994] 94 STC 93. In the earlier case it was held that Sections 3A and 4 of the U.P. Sales Tax Act, 1948 were part of the taxing scheme incorporated in that Act and, therefore, where a notification was issued under Section 3A prescribing the rate of tax on goods which had been exempted from tax by an earlier notification under Section 4, it had to be held that the intention was to withdraw the exemption and make the sale leviable to tax at the rate prescribed in the later notification. It was not necessary that a specific or separate notification withdrawing or revoking the notification should be issued. The latter judgment of this Court, on similar facts, followed the earlier judgment".
Supreme Court of India Cites 0 - Cited by 11 - B P Reddy - Full Document

Kothari Products Ltd. vs Govt. Of A.P. on 25 January, 2000

18. It was submitted by the learned Counsel for the petitioner that the decision in case of Kothari Products Ltd. (supra) should be followed. We have considered the decision of the Apex Court in Agra Belting Works and other cases. It is required to be noted that even if two judgments of the Apex Court appear to be inconsistent on common issues brought before it in two different cases, it is expected to follow both the verdicts and try as best as possible to resolve the seeming conflict, if any, between the two decisions of the Supreme Court. We have examined all the judgments and we are required to follow the principles laid down by the Courts.
Supreme Court of India Cites 4 - Cited by 26 - Full Document
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