In Brief
The Supreme Court addressed whether a tax authority could pursue recovery against a purchaser of plant and machinery through endorsement of a recovery certificate. The original assessee, Shaw Scott Distillery, owed trade tax. Years later, it sold its goods, plant, and machinery to Radico Khaitan for Rs. 12,12,000. The tax department invoked Section 34 of the U.P. Trade Tax Act to void the sale and recover dues from the purchaser. The Court held that Section 34 applies only when transfers occur during pending tax proceedings with intent to defraud. Here, the sale predated all proceedings and occurred for genuine consideration. Accordingly, the endorsement against the purchaser was invalid, and the appeal was dismissed."
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