LALITHA JAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Smt. Lalitha Jain is the petitioner in all these revision petitions.

(2.) The assessment years in question are 1985-86 to 1988-89. The assessing authority has completed the assessments for the aforesaid assessment years, both under the Kerala General Sales Tax Act, 1963 ("KGST Act" for short) and Central Sales Tax Act, 1956 ("CST Act" for short).

(3.) M/S.Jayanthilal & Company, in the petition it is stated, constituted by four partners, viz., Sri.Rajan Sanklechha, S/o.Sri.Sivlan Sanklechha, Sri.Sampathlal Jain, S/o.Rathanlal Jain (late), Smt.Lalitha Jain, W/o.Anand Raj Jain, and Smt.Neena Jain, W/o.Sri.Jayanthilal Jain. It is a registered firm, registered before Registrar of Firms, Thiruvananthapuram. It is also a dealer registered both under the provisions of the KGST Act and CST Act. It was carrying on the business in Tea and was on the rolls of Assistant Commissioner of Sales Tax (Assessment)-II, Special Circle (Produce), Mattancherry, Kochi. According to the revision petitioner, she retired from the partnership with effect from 30.6.1985. In aid of this assertion, petitioner has produced Annexure-A, "Deed of retirement" dated 30.6.1985. We will refer to the said deed, a little later, in extenso.