KANDULA PRABHAKAR RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) AT the instance of the assessee, the following common question of law has been referred by the Orissa Sales Tax Tribunal (in short "the Tribunal') to this Court for adjudication in these three cases.

(2.) THE background facts are that the assessee was assessed to sales tax for the quarters ending December 31, 1974 and March 31, 1975 of the year 1974-75 and for the quarters ending June 30, 1975, September 30, 1975 and December 30, 1975 of the year 1975-76. The assessee was treated to be a transferee in terms of section 19(1) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as "the Act). Undisputed position is that one P. Lakhman Rao had started business sometime prior to commencement of the business by the assessee in the same premises where the assessee carried on business. The assessee purchased some stock of goods from Lakhman Rao, who had started business in the same premises earlier but discontinued. According to the assessing officer, in view of the explanation appended to section 19(1), the assessee was liable to pay tax from the date of commencement of business and the liability of Shri P. Lakhman Rao having already been determined under the Act, the same continued so far as the assessee was concerned.

(3.) THE assessee moved this Court by filing applications under section 24(2) of the Act. This Court by order dated August 22, 1986, directed the question as indicated afore to be referred along with the statement of facts. Pursuant to that direction the Tribunal has submitted the statement of facts.