ATLAS CYCLE INDUSTRIES LTD Vs. ASSESSING AUTHORITY

JUDGEMENT

(1.) THE question for determination in this writ petition and C. W. No. 2927 of 1974 is, whether the order (annexure P2) of the Assessing Authority refusing to refund the sales tax paid by the petitioner, is unsustainable ? The undisputed facts are that the petitioner supplied certain goods to its employees on "no-profit-no-loss" basis. The petitioner's pleas that the transaction was not "sale", as defined in the Punjab General Sales Tax Act of 1948, as applicable to Haryana, was rejected by the taxation authorities. However, the petitioner succeeded in getting the following question referred under Section 22 (2) of the Act to this Court :

(2.) WITH a view to further justify the impugned order refusing refund of the sales tax, the learned Advocate-General cited Hira Lal Rattan Lal v. Sales Tax Officer, Section III, Kanpur [1973] 31 S. T. C. 178 at 183 (S. C.), wherein their Lordships of the Supreme Court dealt with the retrospective legislation, viz. , the U. P. Sales Tax (Amendment and Validation) Act, 1970 (hereinafter referred to as the U. P. Act), validating certain transactions. At page 183 of the Reports, their Lordships dealt with the objects and reasons of the said U. P. Act, which, inter alia, stated :

(3.) I agree. .