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Central Sales Tax Act, 1956

218 judgments · newest first · showing 201–218

GOVT, MEDICAL STORE DEPOT, GAUHATIversusTHE SUPDT. OF. TAXES, GAUHATI & ORS.

1985 INSC 188Appeal(s) allowed

The Central Government set up a Medical Store Depot in Gauhati to procure and supply medical stores to various government institutions on a "no profit‑no loss" basis. The depot did not apply for registration as a dealer under the Assam Finance (Sales Tax) Act, 1956 or the Central Sales Tax Act, …

GOVIND SARAN GANGA SARANversusCOMMISSIONER OF SALES TAX AND ORS.

1985 INSC 107Appeal(s) allowed

The appellant, a dealer in cotton yarn registered under the Bengal Finance (Sales Tax) Act, 1941 as applied to Delhi, claimed exemption for sales of cotton thread under Entry 21 of the Second Schedule. The Sales Tax Officer held the sales were of cotton yarn and liable to tax. The Financial …

HINDUSTAN AERONAUTICS LTD.versusTHE STATE OF ORISSA

1983 INSC 202Appeal(s) allowed

The Supreme Court examined whether Hindustan Aeronautics Ltd.'s (HAL) manufacture of MIG engines for the Government of India constituted a contract of sale liable to Central Sales Tax or a works contract exempt from tax. The Government of India, under a licence from the USSR, entrusted HAL to …

HOECHST PHARMACEUTICALS LTD. AND ANOTHER ETC.versusSTATE OF BIHAR AND OTHERS

1983 INSC 61Dismissed

The appellants, major pharmaceutical manufacturers, challenged the Bihar Finance Act, 1981 which imposed a 10% surcharge on dealers with a gross turnover exceeding Rs.5 lakh and prohibited those dealers from passing the surcharge on to purchasers. They argued that the provision conflicted with the …

SHIV DUTT RAI FATEH CHAND ETC. ETC.versusUNION OF INDIA & ANR. ETC.

1983 INSC 64Dismissed

The petitioners, dealers under the Central Sales Tax Act, challenged the constitutional validity of sub‑section (2‑A) of section 9 of the Act (as amended in 1976) and the retrospective validation of penalties, alleging excessive delegation of legislative power and violations of Articles 19(1)(f), …

TITAGHUR PAPER MILLS CO. LTD.versusSTATE OF ORISSA

1983 INSC 38Dismissed

Titaghur Paper Mills Co. Ltd. was assessed for sales tax for the year 1980-81 under the Central Sales Tax Act, 1956 and the Orissa Sales Tax Act, 1947 after the assessing officer, having refused further adjournments, made a best‑judgment assessment treating the gross turnover as taxable. The company …

ASHOK SERVICE CENTRE & ANOTHER ETC.versusSTATE OF ORISSA

1983 INSC 11Appeal(s) allowed

The case concerned the interpretation of the Orissa Additional Sales Tax Act, 1975 as amended in 1979 and whether its additional tax was subject to the single‑point levy rule of section 8 of the Orissa Sales Tax Act, 1947. The appellants argued that, because section 3(2) of the 1975 Act made the …

ASSOCIATED CEMENT CO. LTD.versusCOMMERCIAL TAX OFFICER, KOTA & ORS.

1981 INSC 157Case Partly allowed

Associated Cement Co. Ltd., a cement manufacturer, filed its sales‑tax returns for 1973‑74 under the Rajasthan Sales Tax Act and the Central Sales Tax Act without including freight charges, believing they were not taxable. After the Supreme Court in Hindustan Sugar Mills Ltd. v. State of Rajasthan …

SOUTH INDIA VISCOSE LTD.versusSTATE OF TAMIL NADU

1981 INSC 122Dismissed

South India Viscose Ltd., a Tamil Nadu manufacturer of art silk yarn, supplied yarn to weavers in Maharashtra and Gujarat under an Export Promotion Scheme. The yarn was dispatched from its factory to Bombay through a selling agent and then delivered to the purchasers. The company contended that the …

HINDUSTAN BROWN BOVERI LTD. ETC.versusSTATE OF GUJARAT

1981 INSC 88Dismissed

The appellants, Hindustan Brown Boveri Ltd. and Elecon Engineering Co. Ltd., were recognised dealers under the Gujarat Sales Tax Act who purchased raw materials using Form 19 certificates stating the materials would be used to manufacture taxable goods for sale within Gujarat. They later sold part …

CHOWGULE & CO. PVT. LTD. & ANR.versusUNION OF INDIA & OTHERS (AND VICE VERSA)

1980 INSC 226Disposed off

Chowgule & Co. Pvt. Ltd., a mining company, sought inclusion of 36 items of goods in its Certificate of Registration under Section 8(3)(b) of the Central Sales Tax Act, claiming they were used in mining and processing of ore for export. The Sales Tax Officer allowed only 11 items, and subsequent …

COMMISSIONER OF SALES TAX, GUJARATversusUNION MEDICAL AGENCY

1980 INSC 195Appeal(s) allowed

Union Medical Agency, a dealer registered under the Bombay Sales Tax Act, claimed a deduction under section 8(ii) for resales of goods purchased from a dealer registered only under the Central Sales Tax Act. The Sales Tax Officer disallowed the claim, the Tribunal upheld the disallowance, and the …

INDIAN OIL CORPORATION LTD. & ANR.versusUNION OF INDIA AND ORS.

1980 INSC 177Case Allowed

The Indian Oil Corporation (IOC) supplied naphtha from its refinery at Barauni, Bihar to the fertilizer plant of Indian Explosives Ltd. at Kanpur, Uttar Pradesh via a pipeline, under a contract that required delivery against indents addressed to IOC's Kanpur installation. The Uttar Pradesh tax …

CONSOLIDATED COFFEE LTD. AND ANR. ETC.versusCOFFEE BOARD, BANGALORE ETC. ETC.

1980 INSC 83

The Coffee Board conducts export auctions of coffee and requires registered exporters to furnish security deposits and, under a 1977 circular, contingency deposits or bank guarantees equal to the sales tax that would have been payable despite the exemption granted by Section 5(3) of the Central …

RALLIS LNDIA LTDversusSTATE OF ANDHRA PRADESH

1980 INSC 23Dismissed

Rallis India Ltd. claimed exemption from sales tax on its inter‑state cotton purchases for the period April‑June 1969, relying on the Commercial Tax Officer’s orders under section 10 of the Central Sales Tax Act and the proviso to section 6 of the Andhra Pradesh General Sales Tax Act. The State …

CEMENT MARKETING CO. OF INDIA LTD.versusASSTT. COMMISSIONER OF SALES-TAX, INDORE &ORS.

1979 INSC 225Case Partly allowed

Cement Marketing Co. of India Ltd. sold cement under the Cement Control Order, charging freight as part of a "free on rail destination" price that was paid by purchasers and deducted from invoices. The company omitted the freight amount from its sales‑tax returns, believing it was not part of the …