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44 judgments · newest first · showing 1–44
The appellants purchased goods from dealers who were exempt from sales tax under the Kerala General Sales Tax Act, 1963 and the Tamil Nadu General Sales Tax Act, 1959, and challenged the levy of purchase tax under s.5A of the Kerala Act and s.7A of the Tamil Nadu Act. The questions were whether such …
Santosh Maize & Industries Ltd, a dealer in maize starch, challenged the classification of its product under the Tamil Nadu General Sales Tax Act, 1959, arguing that it should enjoy exemption under Exemption Entry No.8 (products of millets) as per a 1970 exemption notification. The State contended …
Heinz India Ltd. challenged the classification of its product, Nycil Prickly Heat Powder, under state sales tax statutes. The Kerala High Court and the Madras High Court had held the product to be a "medicated talcum powder" and thus a cosmetic, subject to a lower tax rate, rejecting the revenue's …
The Supreme Court examined whether pan masala and gutkha, products containing betel nut and sometimes tobacco, could be taxed under various state sales‑tax statutes despite being listed as exempt under the Central Sales Tax Act, 1956. The Court analysed the classification of these products under the …
The appellant, Trimurthi Fragrances, challenged the levy of sales tax by Delhi, Uttar Pradesh and Tamil Nadu on pan masala containing tobacco and gutka, arguing that the product is covered by an entry in the First Schedule of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 …
Mohan Breweries purchased empty bottles from unregistered dealers for bottling its beer and IMFL. The revenue argued that the purchase turnover of these bottles was liable to purchase tax under Section 7-A of the Tamil Nadu General Sales Tax Act, 1959, while the assessee claimed exemption based on …
The appeal concerned the taxability of pan masala containing tobacco (gutka) under the Delhi Sales Tax Act, 1975, the U.P. Trade Tax Act, 1948 and the Tamil Nadu General Sales Tax Act, 1959. The central issue was whether the specific entry introducing "Pan Masala and Gutka" in the rate schedule …
Mis. Electro Optics (P) Ltd., a seller of imported electronic survey instruments, challenged assessments levied by the Tamil Nadu tax authorities who classified the goods under Entry 14 Part F of Schedule I of the Tamil Nadu General Sales Tax Act, 1959 (16% tax) rather than Entry 50 Part B (3% tax). …
The Cochin Port Trust, a statutory authority under the Major Port Trusts Act, 1963, was assessed sales tax for its dealings in scrap items such as water, firewood and waste paper. The Trust contended that it was not a "dealer" within the meaning of Section 2(viii) of the Kerala General Sales Tax …
The State of Tamil Nadu introduced an interest‑free sales‑tax deferral scheme for expansion or diversification units under GO No. 119 dated 13 April 1994, requiring manufacturers to meet a Base Production Volume (BPV) and a Base Sales Volume (BSV) before enjoying deferral. India Cements Ltd. claimed …
The Neyveli Lignite Corporation (NLC), a government undertaking, entered into an agreement with Metal Scrap and Trading Corporation Ltd. (MSTC) to dispose of its condemned plant and machinery as iron and steel scrap. Chitrahar Traders purchased the material through an e‑auction, and the acceptance …
The appellant, Mis. Technoglobe, supplied equipment for the Tamil Nadu Film City project and received purchase orders stating that sales tax was exempted by the State Government. The Commercial Tax Officer later denied the exemption for the assessment years 1994-95 and 1995-96, levying tax and …
India Meters Ltd., a dealer in electric meters, collected freight and insurance charges separately from its customers but omitted them from its declared turnover. The assessing authority treated 50% of these charges as part of the sale price and levied sales tax. The dealer appealed, arguing that …
Sree Krishna Electricals, a dealer registered under the Tamil Nadu General Sales Tax Act, 1959, was assessed sales tax and a penalty for the alleged sale of wet grinders during the assessment years 1992-93 and 1993-94. The dealer contended that only parts of wet grinders were sold, seeking …
M/s. Arul & Co. challenged the levy of sales tax and a penalty imposed under the Tamil Nadu General Sales Tax Act, 1959, by filing a writ petition. The Madras High Court dismissed the petition, relying on an earlier Division Bench decision. On appeal, the higher court held that there was no ground …
The appellant, Punjab Aromatics, purchased "red oil" from unregistered dealers and purified it by removing water and impurities to obtain "sandalwood oil". The Department argued that this purification constituted consumption of red oil in the manufacture of sandalwood oil, attracting purchase tax …
E.I.D. Parry (India) Ltd., a sugar manufacturer, purchased sugarcane at a statutory minimum price and an additional price under Clause 5‑A of the Sugarcane (Control) Order, 1966. The additional price could be determined only after the sugar year ended, so the company paid an advance on that price, …
Ashok Leyland Ltd., a manufacturer of commercial vehicles, filed Form F under Section 6A(2) of the Central Sales Tax Act, 1956 claiming that transfers of goods to its regional offices were stock transfers, not inter‑State sales. The Tamil Nadu assessing authority accepted the Form F, but later …
Madras Refineries Ltd., a petroleum refinery, sold its products primarily to Indian Oil Corporation Ltd. (IOCL). Under the Tamil Nadu General Sales Tax Act, 1959, tax is levied only at the point of first sale in the State, and Explanation 1 excludes sales between oil companies from being treated as …
The appellants, leasing companies, entered into master lease agreements for equipment and were taxed by several states on the transfer of the right to use the goods. The states relied on explanations in their sales tax statutes that deemed the taxable event to occur where the goods were used, …
The respondents had executed a usufructuary mortgage in favour of the appellant and later claimed to be "debtors" under the Tamil Nadu Debt Relief Act, 1979. The dispute turned on the meaning of the expression "not less than Rs. 1200" in the proviso to Section 3(3) of the Act, which exempts persons …
The appellants, sugar manufacturers Arooran Sugars Ltd. and E.I.D. Parry (I) Ltd., challenged assessments that included planting subsidies and transport charges in their taxable turnover under the Tamil Nadu General Sales Tax Act, 1959. They argued that the subsidy agreements were independent of the …
The Supreme Court examined whether State governments could levy sales tax on the supply of food and drinks after the Constitution (Forty‑sixth Amendment) Act, 1982 inserted clause 29A in Article 366. The petitioners – restaurant owners in Tamil Nadu, residential‑hotel owners in Maharashtra and a …
The Supreme Court examined whether the Madras Port Trust, a statutory body under the Major Port Trusts Act, 1963, should be treated as a "dealer" under the Tamil Nadu General Sales Tax Act, 1959 and thus liable to sales tax on sales of unclaimed and unserviceable goods. The State of Tamil Nadu and …
The State of Tamil Nadu assessed Mahalakshmi Textile Mills Ltd. for sales tax. The assessee invoked the Deputy Commissioner’s suo motu powers under Section 32 of the Tamil Nadu General Sales Tax Act, 1959, questioning the assessment. After the Deputy Commissioner dismissed the petition, the High …
The appellants, Karnataka Pawnbrokers Association, challenged the liability to pay sales tax on the sale of unredeemed pledged goods disposed of through public auction. The issue was whether a pawnbroker, by virtue of statutory authority to sell defaulted pledges, qualifies as a "dealer" and carries …
The appellants, dealers in hides and skins, purchased raw hides and skins, paid sales tax on them, and later tanned them into dressed hides and skins which were sold inter‑state. They contended that under Section 14(iii) of the Central Sales Tax Act, raw and dressed hides constitute a single …
Mohan Breweries & Distilleries Ltd. and others manufacture Indian Made Foreign Liquor (IMFL) under licences, while the Tamil Nadu State Marketing Corporation (TASMAC) has exclusive wholesale rights. The appellants argued that, under Rule 22 of the Tamil Nadu Indian Made Foreign Spirits (Manufacture) …
The assessees, T.V.L. Nilsin Industries, challenged the classification of ultramarine blue for sales tax purposes, arguing it should be taxed as a chemical under Item 138 of the Tamil Nadu General Sales Tax Act, 1959. The Sales Tax authorities classified it as a pigment under Item 110, making it …
The Supreme Court examined a coupon scheme operated by Sri Srinivasa Sales Circulation where a customer paid Rs.5 for a coupon, received three coupons for Rs.16 each, sold them to three persons for Rs.5 each, and ultimately obtained an article of his choice after the downstream purchasers cleared …
The State of Tamil Nadu challenged orders of the Appellate Assistant Commissioner that were partly against the Revenue and partly in favour of the assessee, Tyl. Jeevanlal Ltd. The issue was whether the Board of Revenue could, suo motu, revise the portion of the order adverse to the Revenue after …
Everest Copiers, a photocopying business, was assessed sales tax for two assessment years on the ground that it sold xerox copies to customers. The issue before the Supreme Court was whether the making and delivery of photocopies constituted a sale of goods under Section 2(1) of the Tamil Nadu …
Vasanthan Foundry, a manufacturer of rough cast iron castings, challenged a Tamil Nadu Government circular dated 14 September 1993 that re‑characterised such castings as distinct from "cast iron" and thus not "declared goods" under the Tamil Nadu General Sales Tax Act, 1959, leading to higher tax …
The Supreme Court examined whether a sales‑tax appellate authority could entertain a Form‑C declaration when it had not been filed before the first assessing authority under the Central Sales Tax Act, 1957. The revenue argued that Rule 12(7) limited the filing of Form‑C to the time of assessment by …
Ramco Cement Distribution Co. Pvt. Ltd. and other cement dealers were assessed for sales tax on a turnover that included freight, packing charges, and excise duty on packing material for the year 1969-70. The dealers argued that these amounts should be excluded from taxable turnover for both the …
Mehra Bros., a registered dealer under the Tamil Nadu General Sales Tax Act, 1959, manufactured and sold automobile seat covers and claimed they should be taxed at the lower rate of 3.5%. The assessing authority, invoking Section 3(3) and Item 3 of Schedule I, levied tax at the higher single point …
The Supreme Court examined the constitutional validity of provisions in the Kerala and Tamil Nadu General Sales Tax Acts that taxed cooked food sold in luxury or star‑rated hotels while exempting the same in modest eating houses. Hoteliers challenged the classification as hostile discrimination …
The appellants, manufacturers of Ayurvedic medicines including Arishtams and Asavas, challenged a Tamil Nadu notification dated 4 March 1974 and Tamil Nadu Act No. 23 of 1974 that imposed a 30% sales tax on these two preparations, while all other medicinal preparations were taxed at 7% (now 8%). …
Shakti Estates and Shanmugha Estate, firms of ten individuals, leased reserve forest land to develop coffee and cardamom plantations. To clear the forest they felled unwanted trees and sold the resulting firewood, sized timber, sleepers and charcoal. The State of Tamil Nadu claimed the turnover from …
A. Viswanathan, a printer, entered into contracts with universities to print examination question papers. The demand notes itemised charges for printing, block making, packing, handling, delivery, postage and the value of paper separately. The Assessing Officer and later the Tribunal treated the …
Madras Marine & Co., a ship‑chandler, imported goods, stored them in a customs‑bonded warehouse in Tamil Nadu and supplied them on board foreign‑going vessels. The State of Madras assessed sales tax under the Tamil Nadu General Sales Tax Act, 1959, contending the sales occurred within the state. The …
The Supreme Court examined whether state lotteries organised by Tamil Nadu and West Bengal could be taxed under the states' sales‑tax statutes. The petitioners, dealers in lottery tickets, argued that lottery tickets are not "goods" but merely actionable claims, rendering the amendments to the Tamil …
The appellant, a grocer, sold ripened coconuts and claimed exemption from sales tax under G.P. No. 1764 issued under the Tamil Nadu General Sales Tax Act, 1959, which exempted "fresh fruits" and "vegetables". The High Court held that a ripened coconut could not be classified as either a fresh fruit …
The petitioners challenged the constitutional validity of the Tamil Nadu Additional Sales Tax Act, 1976 (Act II of 1976) which amended the 1970 Act by introducing graded tax rates based on taxable turnover and prohibiting the passing on of the tax to consumers. They argued that the amendment …
