As per case facts, the Petitioner traded solar cells, buying from a manufacturer and selling to registered dealers without charging tax, believing them to be tax-free. Initially, assessments reflected this, ...
202 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
CWP-17348-2001 (O&M)
Date of Decision: 13.10.2025
M/s Himachal Futuristic Communications Limited
...Petitioner
Versus
State of Haryana and Others
...Respondents
CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL
HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN
Present:- Mr. Surjeet Bhadu, Advocate,
Mr. Veer Singh, Advocate,
Ms. Sanya Thakur, Advocate and
Ms. Aditi Sharma, Advocate
for the petitioner.
Mr. Ravi Partap Singh, DAG, Haryana.
****
JAGMOHAN BANSAL, J. (ORAL)
1. The petitioner through instant petition under Articles
226/227 of the Constitution of India is seeking setting aside of order
dated 13.09.2001 (Annexure P-9) whereby Sales Tax Tribunal, Haryana
(for short ‘Tribunal’) has rejected its appeal.
2. The petitioner is engaged in business of trading of Silicon
Solar Photovoltaic Cells known as solar cells. The petitioner during 1997-
98, 1998-99 purchased ‘solar cells’ from M/s Usha (India) Limited,
Faridabad which was engaged in the manufacturing of aforesaid cells.
The seller was duly registered under Haryana General Sales Tax Act,
1973 (for short ‘HGST’). The petitioner during aforesaid period
purchased cells only from aforesaid manufacturer and further sold as such
CWP-17348-2001 (O&M) -2-
within the State of Haryana. The petitioner made sale to registered
dealers which is known as RD Sales. Sale was made against Form ST-15.
The petitioner filed its returns along with Form ST-15. No tax was
charged from buyers because sale was made against Form ST-15. The
assessing authority vide order dated 23.03.1999 and 11.08.1999 framed
assessment of 1997-98 and 1998-99 respectively. The assessing authority
made assessment of solar cells as tax free goods.
3. The Deputy Excise and Taxation Commissioner, Faridabad
while exercising suo motu powers under Section 40 of HGST revised
aforesaid assessment orders. The revisionary authority formed an opinion
that solar cells were taxable at first stage being covered under Entry 19 of
notification dated 30.12.1987 issued under Section 18 of HGST.
4. ` The petitioner preferred three appeals before Appellate
Tribunal assailing orders passed by revisionary authority. During the
pendency of appeals, dispute arose with respect to pre-deposit which was
settled by this Court vide order dated 27.07.2001 passed in CWP
No.10610-2001. The Appellate Tribunal vide impugned order dated
13.09.2001 dismissed appeals of the petitioner holding that petitioner did
not furnish ST-14 forms, thus, was not entitled to benefit of exemption
and goods in question fall under Entry 19 of notification issued under
Section 18 of HGST.
5. Learned counsel representing the petitioner submits that
respondent has wrongly held that dry cell includes solar cell. There is
fundamental difference between both the products. Use as well as object
of both the products is different. Dry cell consist of electricity whereas
CWP-17348-2001 (O&M) -3-
solar cell is part of solar panel which is used to generate electricity. The
respondent has raised demand against M/s Usha (India) Limited,
Faridabad which vindicates stand of the petitioner that it is seller who is
liable to pay tax, if any, as first stage dealer.
6. Per contra, learned State counsel submits that it is factually
correct that demand has been created against M/s Usha (India) Private
Limited, Faridabad. Liquidation/insolvency proceedings are pending
against M/s Usha (India) Private Limited, Faridabad before National
Company Law Tribunal. There is no infirmity in the impugned order. Dry
cell includes solar cell. The petitioner is liable to pay sales tax because
first stage dealer did not pay. It may be clarified that any order in favour
of the petitioner would not affect liability of M/s Usha (India) Private
Limited, Faridabad.
7. I have heard learned counsel for the parties and perused the
record with their able assistance.
8. From the pleadings and arguments of contesting parties,
following questions arise for consideration of this Court.
i. Whether ‘solar cells’ fall within definition of dry
cells/batteries?
ii. Whether petitioner was liable to pay tax despite being
second stage dealer?
Answer to Q.No. i) Whether solar cells fall within definition of dry
cells/batteries?
CWP-17348-2001 (O&M) -4-
9. The petitioner is claiming that expression ‘dry cells’ does not
include solar cells. There is fundamental and functional distinction
between both the products. Dry cells store electricity whereas solar cells
are used to manufacture electricity from sunlight. Dry cells are commonly
used in torch, radio, transiters, camera, watch etc. whereas solar cells
cannot be used in aforesaid articles because these cells are used to
generate electricity. Dry cells are available in the open market whereas
solar cells are sold by enterprises having technical expertise. Solar cell is
not substitute of a dry cell. It is a settled proposition of law that while
interpreting any entry of a taxing statute, resort should not be to the
scientific or technical meaning of such terms but popular meaning or
meaning attached to them by those dealing in them should be preferred.
In the common and business parlance, solar cells are treated as distinct
commodity to dry cells.
10. Learned Tribunal has rejected contentions of the petitioner
holding that only difference between conventional dry cells/batteries and
solar cells is the medium which is used for generating electrical energy.
Solar cells use sunlight for converting it into electric energy whereas dry
cells use chemicals or mercury or lithium as medium of converting it into
electric energy. There are more similarities in two cells and hardly any
distinction. Both kinds of cells are voltaic cells. Thus, the basic object of
both the cells is to generate electric energy. Solar cells have a variety of
applications like dry cells. It is not that solar energy as a source of power
and its potential was not known earlier but the absence of appropriate
technology made it a limiting factor. Until such a technology was
available which could convert solar energy into electric energy, it was not
CWP-17348-2001 (O&M) -5-
commercially viable proposition. It is only in the recent past that such a
technology has become available and is being used. Under Central Excise
Act, solar cells have been exempted from excise duty. Exempting solar
cells from excise duty does not mean that solar cells are different from
dry cells. The legislature to promote solar energy has exempted solar
cells from excise duty. Though solar cells cannot be used to replace
conventional dry cells, it will not be desirable to take a very narrow view
and assume that solar cells are not covered under entry of ‘all kinds of
dry cells’. The legislature has used expression ‘all kinds of’ in Entry 19 of
notification dated 30.12.1987. The expression ‘all kinds of’ in the entry
makes intention of the legislature clear. ‘All kinds of’ must include solar
cells otherwise entry should have simply been ‘dry
cells/batteries/torches’.
11. From the perusal of Entry 19 of notification dated
30.12.1987, it is evident that expression ‘all kinds of’ precedes expression
‘dry cells/batteries’. The Tribunal has concluded that dry cells as well as
solar cells are used for the purpose of generation of energy, thus, dry cells
include solar cells. Like State of Haryana, State of Tamil Nadu has made
dry cells subjected to sales tax at first stage. Like entry in question, there
is Entry 10 in the notification issued by State Government. The relevant
extracts of the notification issued by the State of Tamil Nadu read as:-
“
Section 2. Substitution of First Schedule
2. Substitution of First Schedule.- In the Tamil Nadu
General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1959)
(hereinafter referred to as the principal Act), for the First
Schedule, the following Schedule shall be substituted, namely:-
“ THE FIRST SCHEDULE
GOODS IN RESPECT OF WHICH SINGLE POINT TAX IS
CWP-17348-2001 (O&M) -6-
LEVIABLE UNDER SUB-SECTION(2) OF SECTION 3
Sr.
No.
Description of the goods Point of levy
in the State
PART-A
XXXX XXXX XXXX
PART-B
XXXX XXXX XXXX
PART-C
GOODS WHICH ARE TAXABLE AT THE RATE OF
10 PER CENT
10. Dry cells, dry batteries, button cells,
solar cells of all kinds, parts and
accessories thereof including zinc calots
and carbon rods.
First sale
12. From the perusal of above quoted entry, it is evident that
State of Tamil Nadu has brought dry cells and solar cells in one entry.
Both types of cells are subjected to sales tax at first stage. The legislature
has used expression ‘solar cells of all kinds’ besides ‘dry cells and dry
cell batteries’. This makes it clear that State of Tamil Nadu has accepted
that dry cells and solar cells are two different commodities. The Tribunal
in instant case has also returned finding to the effect that solar cells and
dry cells are two different commodities, however, both are used for the
same purpose i.e. generation of electric energy. Dry cells use different
medium than solar cells. In case of dry cells, chemicals, lithium and
mercury etc. are used as medium whereas in solar cells, sunlight is used
as medium. Learned Tribunal, despite noticing contentions of the
petitioner as well as use of the product, has recorded finding to the effect
that both kinds of cells are used to generate electric energy. It is factually
incorrect because dry cells are not used to generate electric energy
whereas these cells are used to store electric energy. Energy already
stored in the cells is used for operating the equipment/apparatus like
watch, radio, transiter, camera etc. whereas in case of solar cells, these
CWP-17348-2001 (O&M) -7-
cells are used to generate energy. Dry cells are not parts/components used
to generate electric energy whereas solar cells are parts/components of
machinery/equipment which is used in the solar power generation.
Principally, these are parts of an equipment which is ultimately used to
generate electric energy whereas dry cells are parts/component of an
equipment like watch, remote, camera to generate output without
electricity. The solar cells are not substitute of dry cells. It is not possible
to use a solar cell in a watch or transiter or radio. Learned Tribunal
noticed this fact still held that dry cells include solar cells.
13. The Tribunal has held that legislature has used expression
‘all kinds of’ along with ‘dry cell’. ‘All kinds of’ include solar cells
otherwise entry should have been ‘dry cells/batteries.’ There are multiple
types of dry cells and batteries. Nobody can claim that there is only one
kind of dry cell or dry battery. There are multiple types of dry cells and
dry cell batteries, thus, legislature has used expression ‘all kinds of’. Had
the legislature used expression ‘all kinds of cells’, the solar cells could be
included in the aforesaid entry.
It is axiomatic in taxation jurisprudence that there should be
literal and strict interpretation of every entry. The Courts cannot add or
subtract any word/expression in the entries of the notification. In the case
in hand, the Government has used expression ‘all kinds of dry
cells/batteries’. From the functional, commercial and usage point of view,
dry cells are different from solar cells. Both cells are not interchangeable.
To generate electricity from sunlight, dry cells cannot be used. Similarly,
in a radio, camera or watch, solar cells cannot be used.
CWP-17348-2001 (O&M) -8-
14. The Tribunal is correct while holding that exemption of
solar cells from excise duty does not mean that solar cells and dry cells
cannot be one and same commodity. It is discretion and wisdom of
Central Government to exempt one kind of cell and tax another. The
Central Government to promote generation of solar energy has exempted
equipments, parts/components and solar cells used to generate electricity.
Answer to Q.No. ii) Whether petitioner was liable to pay tax
despite being second stage dealer?
15. Section 18 of HGST provides that State Government may by
notification specify goods on which tax shall be levied at first stage. It
further provides that sale of such goods at subsequent stage shall be
exempted provided dealer effecting sale furnishes certificate duly filled in
and signed by registered dealer from whom the goods were purchased to
the effect that tax on such goods has been paid at the first stage. Section
18 of HGST reads as:-
“Section 18
Tax at first stage on sale
The State Government may, by notification, direct that in
respect of such goods, other than the goods specified in
Schedules C and D, and with effect from such date as may
be specified in the notification, the tax under Section 15
shall be levied at the first sale thereof, subject to the
conditions and restrictions as the State Government may
specify in this behalf, and on the issue of such notification
the tax on such goods shall be levied accordingly.
Provided that no sale of such goods at a subsequent
stage shall be exempt from tax under this Act unless the
dealer effecting the sale at such subsequent stage
furnishes to the Assessing Authorities in the prescribed
CWP-17348-2001 (O&M) -9-
form and manner a certificate duly filled in and signed by
the registered dealer from whom the goods were
purchased to the effect that the tax on such goods has been
paid at the first stage.
Explanation : For the purpose of this sub-section,
the first stage of sale in respect of any goods and in
relation to any class of dealer shall be such as may be
specified by the State Government in the notification.”
[Emphasis supplied]
16. The State Government has issued notification dated
30.12.1987 in exercise of power conferred by Section 18 of HGST.
Relevant extracts of said notification read as:-
“
Notn. No. S.O. 156/H.A.20/73/S.18/87 Dated 30
th
Dec.1987
In exercise of the powers conferred by Section 18 of the
Haryana General Sales Tax Act, 1973 and all other powers
enabling him in this behalf, and in supersession of Haryana
Government, Excise and Taxation Department, Notification
No.S.O.98/H.A.20/73/S.18/73 dated the 5
th
May, 1973 as
amended from time to time, the Governor of Haryana hereby
directs that the tax under Section 15 of the said Act be levied,
with effect from the 1
st
day of January, 1988, at the first stage of
sale on the following goods, namely: -
XXXX XXXX XXXX XXXX
17. Washing powder, washing soaps and detergents.
18. Sanitary goods and fittings.
19. All kinds of dry cells/Batteries, torches.
20. Clocks, time pieces and watches.”
17. From the perusal of Entry 19 of aforesaid notification, it is
evident that all kinds of dry cells/batteries are covered by Section 18 of
HGST. These goods are liable to tax at first stage. Second stage dealer as
per proviso to Section 18 cannot sell goods without tax if he has not
CWP-17348-2001 (O&M) -10-
received declaration from his seller (first stage dealer) to the effect that
first stage dealer has paid tax.
18. The petitioner during 1997-1998 and 1998-1999 cleared
goods without payment of tax. The goods were cleared treating as RD
Sale. Section 27(1)(ii) excludes sale to registered dealers subject to the
condition that selling dealer furnishes in the prescribed form a declaration
duly filled and signed by the purchasing dealer containing such
particulars on such forms and in such manner, as may be prescribed.
Relevant extracts of Section 27 read as: -
“Section 27
Taxable Turnover
(1) In this Act, the expression, “taxable turnover”
means that part of a dealer’s gross turnover during
any period which remains after deducting therefrom
his turnover during that period-
(a) on account of-
(i) sale and purchase of goods specified in
Schedule B;
(ii) sales to registered dealers of goods other than
the sale of goods specified in Schedule C and of
goods liable to tax at the first stage of sale
under sections 17 and 18;
Provided that no dealer shall be entitled to make
any deduction from his turnover in respect of a sale made
by him to a registered dealer with whom composition
under Section 26 has been made and is in force;
Provided further that in case of such sales, the
selling dealer, furnishes, in the prescribed manner, a
declaration duly filled and signed by the purchasing
dealer, containing such particulars on such form and in
such manner as may be prescribed.
CWP-17348-2001 (O&M) -11-
Provided further that for the purposes of allowing
deduction under this clause, the assessing authority or any
other person appointed to assist the Commissioner under
sub-section (1) of section 3 may examine the genuineness
or otherwise of any such sale or declaration with
reference, among other things, to the financial position,
capacity to make purchases, nature and extent of business,
and subsequent disposal of goods by the registered dealer
to whom the sale is shown to have been made against
declaration;
”
[Emphasis supplied]
19. Petitioner during the period in question received Form ST-15
and effected sale without payment of tax. The assessing authority
accepted turnover of solar cells as RD sales against Form ST-15 and did
not charge tax, thus, it is undisputed that petitioner at the first instance
purchased goods from a manufacturer who did not charge tax and
petitioner further sold goods against Form ST-15 without charging tax. At
the cost of repetition, it is hereby noticed that as per statutory provisions,
sale of goods to registered dealer against ST-15 is exempt.
20. During the course of proceedings before this Court, the
authorities produced copy of report disclosing that assessing authority,
Faridabad (East) has framed assessment of M/s Usha (India) Limited,
Faridabad for the year 1997-1998 and 1998-1999. The assessing authority
has treated ‘solar cell’ as an item covered under Entry 19 of notification
issued under Section 18 of HGST. The assessing authority has created
demand of Rs.2.86 Crores under HGST and 28.03 Lakhs under Central
Sales Tax Act, 1956 (for short ‘1956 Act’). Assessment of M/s Usha
(India) Private Limited, Faridabad as first stage dealer and creation of
CWP-17348-2001 (O&M) -12-
demand indicates that assessing authority has created demand against
manufacturer- M/s Usha (India) Limited, Faridabad alleging that they
were liable to pay tax as first stage dealer and by impugned orders
demand against petitioner has been created alleging that manufacturer-
first stage dealer did not pay tax, thus, they are liable to pay tax.
21. As per proviso to Section 18, second stage dealer is liable to
pay tax on subsequent sales if he has not received declaration from first
stage dealer to the effect that tax has already been paid. In the instant
case, at the time of sale by manufacturer as well as petitioner, there was
understanding that goods are general goods and sale can be made to
registered dealer against form ST-15. The State authorities were also of
the same opinion which is evident form the fact that Form ST-15 was
issued to buyers of the petitioner who in turn submitted to the petitioner.
It is undisputed that petitioner submitted ST-15 form received from
customers along with returns and Assessing Authority accepted those
forms. Till the initiation of proceedings under Section 40 by revisionary
authority, opinion of all the stakeholders was that goods are not liable to
tax at first stage.
22. The revisionary authority as well as Appellate Tribunal has
held the petitioner was liable to pay tax because manufacturer i.e. first
stage dealer did not pay tax on goods in question. The authorities have
categorically held that goods in question fall under Entry 19 of
notification issued under Section 18 of HGST. As per Section 18 read
with notification issued hereunder, first stage dealer is liable to pay tax.
Second stage dealer is liable to pay tax on subsequent sale if buyer has
not furnished declaration to the effect that goods are tax paid. In the case
CWP-17348-2001 (O&M) -13-
in hand, the first stage dealer did not pay tax. The authorities issued ST-
15 Form to buyers of petitioners and petitioners furnished those forms
along with returns. The respondent authorities, at a later stage, formed an
opinion that goods are covered by notification under Section 18, thus, are
liable to tax at first stage. The respondent has made assessment against
manufacturer as well as petitioner whereby demand against manufacturer
has been created holding that being first stage dealer, he is liable to pay
tax and demand against petitioner has been created holding that first stage
dealer has not paid tax, thus, he is liable to pay tax. The petitioner sold
goods against ST-15 means buyer accepted his liability. If buyer has
already paid tax, there is no question of demand of tax from petitioner as
well as manufacturer. Neither petitioner nor respondent has placed on
record assessment orders of buyers of petitioner. It is undisputed that
petitioner enclosed ST-15 forms along with returns. These forms were
issued by assessing authority of buyers of the petitioner as Form ST-15 is
issued by Assessing Authority. It is printed under the authority of State
Government. By furnishing ST-15 Form, the buyer undertook
responsibility to pay tax in case of subsequent sale other than sale to a
registered dealer.
23. The respondent has relied upon proviso to Section 18 of
HGST to create demand against the petitioner. As per common
understanding of the stakeholders, the petitioner furnished Form ST-15
along with returns. It did not furnish Form ST-14 because manufacturer
as well as subsequent buyers were of the opinion that goods are not liable
to tax in their hand. Had objection been raised by authorities at the first
instance, the petitioner could ask first stage dealer to supply requisite
CWP-17348-2001 (O&M) -14-
declaration. The petitioner at the subsequent stage could not ask first
stage dealer to furnish declaration especially when manufacturer was also
contesting the issue. The respondent has created liability against the
manufacturer-first stage dealer. The respondent by creating demand
against manufacturer has established that it was manufacturer-first stage
dealer who was liable to pay tax, if any. The respondent cannot raise
demand against petitioner as well as manufacturer. The respondent has
not further taken care of the fact that Form ST-15 was issued by
Assessing Authority to buyers of petitioner. The respondent was duty
bound to ascertain status of buyers of petitioner as buyers had furnished
Form ST-15 and admitted their liability as traders of general goods. Had
respondent conducted enquiry at the end of buyers of petitioner, the
instant litigation could be avoided.
24. A Division Bench of Madras High Court in Govindan & Co.
v. The State of Tamil Nadu, 1974 SCC OnLine Mad 353 has held that to
claim benefit of tax exemption on the ground that sales are second sales,
the assessee does not need to prove that seller in fact has paid tax and it is
enough to show that earlier sales are taxable and tax is really payable by
the seller. Relevant extracts of the judgment read as: -
“Though the order of the Tribunal is one upholding the
remit order passed by the Appellate Assistant
Commissioner, the learned counsel for the petitioners
contends that the direction of the Tribunal that the
petitioners are to prove that the twelve dealers from whom
they purchased the goods were real persons and that they
had in fact paid the tax on the iron and steel is not correct
and that it is not the duty of the petitioners to prove that
their sellers have in fact paid the tax on their sales. The
CWP-17348-2001 (O&M) -15-
learned counsel appears to be right in his submission that
the petitioners who claimed exemption from tax on the
ground that their sales are second sales are bound to show
that there has been an anterior taxable sale and that they
need not prove that tax had in fact been paid on those
anterior sales. To claim the benefit of tax on the ground
that their sales are second sales, the petitioners need not
show that their sellers have in fact paid tax and it is
enough for them to show that the earlier sales are taxable
sales and that the tax is really payable by their sellers.
Therefore, the direction given by the Tribunal that the
petitioners are to show that the tax has been paid by their
sellers on the iron and steel goods sold by them to the
petitioners does not appear to be correct.
We, therefore, modify the direction contained in the last
portion of the order of the Tribunal as follows:
"The appellant is permitted to adduce whatever evidence it
chooses to show that the dealers in question were real
persons and that their sales are taxable under the Act."
With this modification, the tax case is dismissed. There
will be no order as to costs.
Petition dismissed.”
It is apt to notice that SLP filed against aforesaid order
stands dismissed by Hon’ble Supreme Court.
25. A Division Bench of Andhra Pradesh High Court in B.
Narasaiah and Co. v. State of A.P., 2001 SCC OnLine AP 585, relying
upon its earlier judgment in State of A.P. v. Thungabhadra Industries
Ltd. [1986] 62 STC 71 has held that tax cannot be demanded from buyer
on the ground that vendor did not pay assessed tax. If vendor is liable to
pay tax and has failed to discharge its liability, it is always open for the
authorities to proceed against the vendor and recover the tax by the mode
known to law. Relevant extracts of the judgment read as:-
CWP-17348-2001 (O&M) -16-
“4. This Court in State of A.P. v. Thungabhadra Industries Ltd.
[1986] 62 STC 71 dealing with a claim of registered dealer, who
claimed as a second seller of groundnut oil, taxable at the first
point of sale within the State of Andhra Pradesh, under the
provisions of the Act, laid down two principles to allow the
exemption. They are (1) that the first seller should be a real and
identifiable dealer within the State; and (2) that mere non-
payment of tax by the first seller within the State does not shift
the liability to pay tax on the second seller. In the light of these
principles laid down by this Court, with which we are in
respectable agreement, when we look at the facts of this case, it
cannot be said that the petitioner failed to establish that he made
the purchase from a real and identifiable dealer within the State.
There is no controversy that M/s. Bantu Chinnaiah & Co.,
Nizamabad, is a registered dealer under the provisions of the Act
and its identity is also not in dispute. As rightly pointed out by the
learned Special Government Pleader for Taxes, it is true that
there is no satisfactory evidence placed before the Tribunal or
before us to show that the vendor of the petitioner filed returns
including the sale of turmeric in the turnover. However, the
department assessed the tax on the gross turnover of Rs. 8,85,500
and determined the tax of Rs. 63,313.25 paise. The reason that
the vendor of the petitioner did not pay the assessed tax cannot
be a valid ground to disallow the claim of the petitioner. We say
this because under the statute, if the vendor is alone is liable to
be taxed and if he fails to discharge the said liability, it is always
open for the authorities under the Act to proceed against him and
recover the same by the mode known to law. But that
circumstance can never be a valid and tenable ground to disallow
the exemption claimed by the petitioner.”
26. It is settled law that no one can be asked to do something
which he cannot do. Hon’ble Supreme Court in ‘Arjun Panditrao
Khotkar Vs. Kailash Kushanrao Gorantyal and Ors.’, (2020) 7 SCC 1
has clearly held that law does not demand the impossible. When there is
disability that makes it impossible to obey the law, the alleged
CWP-17348-2001 (O&M) -17-
disobedience of law is excused. The law does not compel one to do that
which one cannot possibly perform. Where the law creates a duty or
charge and a party is disabled to perform it without any default in him
and has no remedy over it, there the law will in general excuse it. When
the performance of formalities prescribed by statute has been rendered
impossible by circumstances over which a person entrusted has no
control, the circumstances will be taken as a valid excuse.
27. In the wake of above discussion and findings, the questions
raised heretofore are answered as:
(i) Solar cells do not fall within description of all kinds of dry
cells.
(ii) Petitioner being second stage dealer was not liable to pay tax.
28. In the backdrop, the instant petition is hereby allowed with
all consequential benefits.
(JAGMOHAN BANSAL)
JUDGE
(HARPREET KAUR JEEWAN)
JUDGE
13.10.2025
Prince Chawla
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Legal Notes
Add a Note....