REGENT COMPUTRONICS PVT. LTD.

MADRAS REFINERIES LTD. Appellant

V/S

Assistant Commissioner And Ors. Respondents

Referred Judgements :-

KING V. NORTH [REFERRED TO]
VINE V. NATIONAL DOCK LABOUR BOARD [REFERRED TO]
Y NARAYANA CHETTY VS. INCOME TAX OFFICER NEILORE [REFERRED TO]
J V GOKAL AND CO PRIVATE LIMITED J V GOKAL AND CO PRIVATE LIMITED J V GOKAL AND CO PRIVATE LIMITED J V GOKAL AND CO PRIVATE LIMITED VS. ASSISTANT: COLLECTOR SALES TAX INSPECTION :BOMBAY CHAMBER OF COMMERCE AND: INDUSTRY BOMBAY;:GILL AND: CO P LTD [REFERRED TO]
DWARKA NATH VS. INCOME TAX OFFICER SPECIAL CIRCLE D WARD KANPUR [REFERRED TO]
P J IRANI VS. STATE OF MADRAS [REFERRED TO]
V S MENON VS. UNION OF INDIA ANOTHER [REFERRED TO]
S R TEWARI VS. DISTRICT BOARD AGRA NOW ANTARIM ZILA PARISHAD AGRA [REFERRED TO]
COMMISSIONER OF INCOME TAX ANDHRA PRADESH VS. MOTORS AND GENERAL STORES PRIVATE LIMITED [REFERRED TO]
S GOVINDA MENON VS. UNION OF INDIA [REFERRED TO]
STATE OF TAMIL NADU VS. MCDOWELL AND COMPANY LTD [REFERRED TO]
MINERALS AND METALS TRADING CORPORATION OF INDIA LIMITED VS. SALES TAX OFFICER [REFERRED TO]
ARUN KUMAR VS. UNION OF INDIA [REFERRED TO]
DISTRICT COLLECTOR ERODE DISTRICT ERODE VS. M PONNUSAMY [REFERRED TO]
DEPUTY COMMISSIONER (COMMERCIAL TAXES) VS. LAKSHMINARAYANA TEXTILES (P) LIMITED [REFERRED TO]

JUDGEMENT

(1.) The dispute relating to the taxability of the transaction regarding import of crude oil and the related loan transactions by a public sector organization as per the directions of the Oil Co-ordination Committee is the issue involved in this writ petition.

(2.) W. P. No. 9356 of 1998 is directed against the proceedings of the Assistant Commissioner, Central Assessment Circle IV, Chennai, in CST 2087/92-93 dated March 30, 1998, levying sales tax on the loan transaction involving the petitioner-company and the other oil companies. Since the very assessment order impugned in this writ petition has been set aside subsequently by remitting the matter to the original authority, the said writ petition has become infructuous. Therefore, it is the substantive writ petition in W. P. No. 9357 of 1998 which alone survives for adjudication.

(3.) The petitioner seeks a writ of prohibition to prohibit the first respondent from imposing sales tax in respect of loan transactions effected by it on the basis of the instructions of the Oil Co-ordination Committee constituted by the Government of India.

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MADRAS REFINERIES LTD. Vs. ASSISTANT COMMISSIONER AND ORS.

Referred Judgements :-

JUDGEMENT

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