9911796707
TMI Blog1988 (4) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... oducts and had its registered office and factory at Calcutta and a sales depot at Vijayawada. That company was registered as a dealer under the Andhra Pradesh General Sales Tax Act. The management and control of the said National Company Limited was taken over by the Central Government under section 18-AA of the Industries (Development and Regulation) Act, 1951. Subsequently by an Ordinance call ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fect from 28th April, 1980. Thus the undertakings of the National Company Limited and the right, title and interest of the company in relation to its undertakings had vested with effect from 28th April, 1980 in the Jute Corporation of India Limited. Under section 6 of the above Act, the right, title and interest of the company in addition to its undertakings which had earlier been vested in the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act No. 42 of 1980. That section says, every liability of the company in respect of any period prior to the appointed day, shall be the liability of the company and shall be enforceable against it and not against the Central Government or where the undertakings of the company vest in an existing, or a new Government company, against such Government company. Section 7 of the Act, which is part of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y enactment under articles 245 and 246 of the Constitution. The provision of section 17 of the A.P. General Sales Tax Act which is relied upon by the sales tax authorities, even if applicable, cannot override the above law made by the Parliament. But Sri Venkatarama Reddi argued that section 17 of the Act has no application because the petitioner-company cannot be called a transferee within the me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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