Madhya Pradesh Court June 1995 Judgments
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Memraj Sharma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-19-1995
Reported in: 1996(0)MPLJ614
ORDERU.L. Bhat, C.J.1. Appellant plaintiff, a partner of a defunct firm, filed a suit seeking declaration that the house building referred to in the plaint is his personal property and is not liable for attachment and sale for recovery of tax dues to the Slate from the firm and that the order dated 24-1-1986 of the second defendant, Sales Tax, Officer rejecting his objection to the attachment and proposed sale is illegal and void. The suit was opposed by the State relying on the provisions in Section 33(4)(b) of the M. P. General Sales Tax Act, 1958, for short, the Act. The trial Court upheld the defence and non-suited the plaintiff. Hence this appeal.2. The plaintiff appellant was a partnership firm which was assessed for sales tax for the period from 1972-73 to 1979-80 to the extent of Rs. 1,51,780.00. In recovery proceedings, house in dispute was attached for purposes of sale. The attachment was objected to by the appellant on the basis that the house was his separate acquisition an...
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