TMI Blog2019 (3) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee cannot take advantage of the same and gain undue monetary advantage not due to him. When there are two decisions of the Hon'ble Supreme Court, both by co-ordinate Benches, The High Court has to follow the later decision and in such circumstances, it is prudent to follow this decision as it is later to the decision CORPORATION BANK VERSUS SARASWATI ABHARANSALA AND ANOTHER [2008 (11) TMI 387 - SUPREME COURT OF INDIA]. Petition dismissed. - WP (C). No. 12806 of 2008 - - - Dated:- 12-2-2019 - MR K.VINOD CHANDRAN AND MR ASHOK MENON, JJ. For The Petitioner : ADVS. DR. K. B. MUHAMED KUTTY (SR. ) SRI. K. M. FIROZ For The Respondent : SRI MOHAMMED RAFIQ, SR GP JUDGMENT Vinod Chandran, J . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd. 3. The learned Senior Counsel appearing for the petitioner would rely on Corporation Bank v. Saraswati Abharansala, (2009) 19 VST 84 (SC) . The learned Senior Government Pleader Sri.Mohammed Rafiq would rely on Yesyem Arecanut Co. v. State of Kerala, [2015] 14 SCC 367 . 4. The learned Senior Counsel would, argue that there is absolutely no reasoning in the later decision of the Hon'ble Supreme Court and that it was decided on a narrow compass. The specific contentions taken up by the petitioner in the Writ Petition has not been considered in the later judgment. It is pointed out that the petitioner has, in the Writ Petition, raised a ground that the refusal to refund the amount paid, on the subsequent exemption granted i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification granting retrospective exemption or reduction of rate of tax. Therein also, a similar notification reducing the rate of tax with retrospective effect came up for consideration. It was held that the clause in the notification, which prohibited refund of tax already paid, is sustainable. When there are two decisions of the Hon'ble Supreme Court, both by co-ordinate Benches, The High Court has to follow the later decision and in such circumstances, it may not be proper for us to find the reasoning in the earlier judgment to be more comprehensive and allow the Writ Petition on that ground alone. We, hence, dismiss the Writ Petition, leaving the parties to suffer their respective costs. - - TaxTMI - TMITax - CST, VAT & Sal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
