- (1.) REMINGTON Rand Incorporated (hereinafter referred to as the American Company) is a company incorporated in the United States of America and up to April 1, 1952 was doing business in India. With effect from April 1, 1952, the petitioner Company, Remington Rand of India Limited, took over the Indian business of the American Company either as a transferee or otherwise as its successor in business.
(2.) FOR the year ended February, 1949, the American Company was assessed to sales tax to an amount of Rs. 1,31,972-5-0. Since at that time there was no dispute that the American Company had deposited towards the tax, presumably under section 10 (3) of the Bengal Finance (Sales Tax) Act, 1941, a sum of Rs. 1,41,703-12-0, no further tax was found due and payable by the American Company but that a sum of Rs. 9,731/7/-was found to have been paid in excess by it. Here in below is quoted a relevant extract from the assessment order, dated April 30, 1950: JUDGEMENT_55_TLCAL0_1962Html1.htm "the assessment is accordingly made as under:- JUDGEMENT_55_TLCAL0_1962Html2.htm
(3.) THE notice of demand in Form VII, that was issued to the American Company, in so far as it is material for the Rule, reads as follows: JUDGEMENT_55_TLCAL0_1962Html3.htm;