STATE OF PUNJAB AND ORS.versusM/S. ATUL FASTENERS LIMITED
2007 INSC 49930 April 2007Case Partly allowed
The State of Punjab appealed a High Court order that granted Mis. Atul Fasteners Ltd. a refund of Rs.42,62,807 paid as sales tax between April 1997 and September 2001, together with 18% per annum interest from December 21, 2001. The refund arose under the Punjab General Sales Tax (Deferment and Exemption) Rules, 1991, …
SATNAM OVERSEAS(EXPORT)THROUGH ITS PARTNER ETC. ETC.versusSTATE OF HARYANA AND ANR. ETC. ETC.
2002 INSC 44024 October 2002Leave Granted & Disposed off
Satnam Overseas, a miller‑exporter, bought paddy in Haryana and Punjab, milled it into rice and exported the rice. The assessing authorities initially granted exemption under Section 9(1)(b) of the Haryana General Sales Tax Act, 1973, but later revised the assessments on the ground of retrospective amendments to Sectio…
PARDEEP AGGARBATTI, LUDHIANA ETC.versusSTATE OF PUNJAB AND ORS.
1997 INSC 70823 October 1997Appeal(s) allowed
The appellant, a registered dealer in dhoop and agarbatti, was assessed sales tax under Entry 16 of Schedule A of the Punjab General Sales Tax Act, 1948, which listed "cosmetics, perfumery and toilet goods". The issue was whether dhoop and agarbatti fell within the term "perfumery". A single High Court judge allowed th…
ASSESSING AUTHORITY-CUM-EXCISE & TAXATION OFFICER, GURUGAON & ANR.versusM/S. EAST INDIA COTTON MFG. CO. LTD. FARIDABAD
1981 INSC 12323 July 1981Dismissed
The assessee, a registered textile manufacturer, purchased dyeing colours and chemicals under a Certificate of Registration and declared them for use in the manufacture of goods for sale, thereby enjoying a reduced 3% sales tax rate. The tax officer issued notices alleging misuse of the certificate because the assessee…
FOOD CORPORATION OF INDIAversusSTATE OF PUNJAB
2009 INSC 106421 August 2009Case Partly allowed
The Food Corporation of India (FCI) claimed deductions for sales of tax‑free goods and sales to registered dealers under the Punjab General Sales Tax Act, 1948. The Assessing Authority rejected the claim, and the Sales Tax Tribunal upheld the rejection. FCI sought a reference of two questions of law to the High Court u…
STATE OF HARYANAversusDALMIA DADRI CEMENT LTD.
1987 INSC 34220 November 1987Dismissed
The appellant State of Haryana sought to recover sales tax on cement supplied by Dalmia Dadri Cement Ltd. to the Punjab State Electricity Board in 1964-65 and 1965-66. The cement was sold on the basis of certificates from the Board stating that it was required for use in the generation or distribution of electrical ene…
STATE OF PUNJABversusHINDSONS (P) LTD.
1984 INSC 17320 September 1984Appeal(s) allowed
The respondent, Hindsons (PJ Ltd.), a dealer in tractors and spare parts, claimed a deduction for sales of belt‑pulley attachments on the ground that they were agricultural implements exempt from sales tax under Entry 34 of Schedule B of the Punjab General Sales Tax Act, 1948. The assessing authority rejected the claim…
STATE OF PUNJAB AND ORS.versusM/S CHHABRA RICE MILLS AND ORS
2005 INSC 57417 November 2005Dismissed
The State of Punjab appealed against Mis Chhabra Rice Mills challenging the levy of purchase tax on the market fee charged to buyers under the Punjab General Sales Tax Act, 1948. The issue was whether the market fee, paid to the market committee, forms part of the turnover for tax purposes. The Court examined the defin…
MUKERIAN PAPERS LTD.versusSTATE OF PUNJAB
1991 INSC 3513 February 1991Appeal(s) allowed
STATE OF PUNJAB AND ORS.versusM/S. AMRITSAR BEVERAGES LTD. AND ORS.
2006 INSC 4968 August 2006Appeal(s) allowed
The Punjab Sales Tax Department seized a hard disk containing the dealer's books and documents under Section 14(3) of the Punjab General Sales Tax Act, 1948. The dealer failed to cooperate, and the High Court ordered the return of the seized material and imposed personal costs on the officers. On appeal, the Supreme Co…
UNION TERRITORY OF CHANDIGARHversusM/S. AMRIT ROLLER FLOUR MILLS
1985 INSC 1478 July 1985Appeal(s) allowed
The respondent, Amrit Roller Flour Mills, held a licence under the Wheat Roller Flour Mills (Licensing and Control) Order, 1957 and supplied maida, suji and rawa to permit‑holders as directed by the District Food and Supplies Officer. It was assessed for sales tax under the Punjab General Sales Tax Act, 1948 for the ye…
M/S DEVI DASS GOPAL KRISHAN PVT. LTD. ETC. ETC.versusSTATE OF PUNJAB AND ANR. ETC. ETC.
1994 INSC 1488 April 1994Disposed off
The Supreme Court examined the validity of purchase‑tax provisions in the sales‑tax statutes of Punjab, Tamil Nadu, Kerala, West Bengal and Bombay, which imposed tax on goods purchased for manufacture when the finished goods were dispatched out of the state without a sale. Dealers challenged these provisions on the gro…
STATE OF PUNJAB & OTHERS ETC.ETCversusM/S. PERFECT SYNTHETICS ETC ETC.
2008 INSC 3267 March 2008Dismissed
The State of Punjab appealed against the judgment of the Punjab and Haryana High Court which had allowed M/s Perfect Synthetics to deduct the purchase value of raw material from its taxable turnover under Rule 29(xii) of the Punjab General Sales Tax Rules, 1949. The assessee bought raw material from units that were exe…
GOVERNMENT MEDICAL STORE DEPOT, KARNALversusSTATE OF HARYANA AND ANOTHER
1986 INSC 1585 August 1986Appeal(s) allowed
The Government Medical Store Depot, Kamal, a central government department that supplies medical stores to government hospitals on a "no profit, no loss" basis, was assessed sales tax for the years 1964-65 to 1968-69 under the Punjab General Sales Tax Act, 1948. The tax authorities treated the depot as a "dealer" and o…
STATE OF PUNJABversusM/S. NESTLE INDIA LTD. AND ANR.
2004 INSC 3415 May 2004Dismissed
The respondents, manufacturers of milk products, stopped paying purchase tax on milk for the period 1‑April‑1996 to 4‑June‑1997, relying on a series of public statements by the Punjab Government that the tax had been abolished. The State later issued demands for the tax and appealed the High Court’s order quashing thos…
M/S JAGATJIT SUGAR MILLS ETC.versusSTATE OF PUNJAB AND ANR.
1994 INSC 4304 October 1994Dismissed
Jagatjit Sugar Mills Co. Ltd. purchased sugarcane from growers and cooperative societies for sugar production. The Assessing Authority issued a notice demanding purchase tax and a penalty, alleging the mill had failed to pay tax under the Punjab General Sales Tax Act, 1948. The mill contended that sugarcane, being agri…
BHARAT STEEL TUBES LTD. & ANR.versusSTATE OF HARYANA & ANR.
1988 INSC 1374 May 1988Dismissed
Bharat Steel Tubes Ltd., a registered dealer under the Punjab and Haryana sales‑tax Acts, filed returns for the years 1968‑69 to 1974‑75. The assessing authority issued notices under the respective statutes and the company complied, but later issued further notices seeking additional documents. The company challenged t…
STATE OF PUNJAB & ORS.versusM/S. SHREYANS INDUS LTD. ETC.
2016 INSC 2434 March 2016Dismissed
The State of Punjab appealed against the High Court’s decision that the Commissioner of Excise and Taxation could not extend the three‑year limitation period for passing a sales‑tax assessment after that period had expired. The assessee, M/s Shreyans Indus Ltd., had filed returns for assessment years 2000‑01 to 2003‑04…
SHRI SANTOSHKUMAR SHIVGONDA PATIL & ORS.versusSHRI BALASAHEB TUKARAM SHEVALE & ORS.
2009 INSC 11042 September 2009Appeal(s) allowed
The case concerned land originally resumed in 1955, where a Tahsildar's 1976 order granted a share of the land to Shivgonda Patil. After the death of the original occupier, his heirs sought revision of that order in 1993. The Sub‑Divisional Officer, invoking Section 257 of the Maharashtra Land Revenue Code, 1966, set a…