C.T. LTD. AND ANR.versusCOMMERCIAL TAX OFFICER AND ORS.
1996 INSC 124129 October 1996Appeal(s) allowed
C.T. Ltd. and another, engaged in the tea trade, entered into a contract with the State Trading Corporation (STC) to supply unblended Assam tea to an Iranian buyer. To fulfil this contract they purchased tea from auction brokers. The sales tax authorities demanded payment of sales tax on these purchases. The appellants…
GOODRICKE GROUP LTD. ETC.versusSTATE OF WEST BENGAL AND ORS.
1994 INSC 55225 November 1994Dismissed
The Supreme Court examined writ petitions challenging the West Bengal Taxation Laws (Second Amendment) Act, 1989, which imposed a cess on tea estates calculated per kilogram of green tea leaves produced. The petitioners argued that the levy was a tax on tea production, falling under Union competence (Entry 84/List I) a…
THE STATE OF WEST BENGAL AND ORS.versusKESORAM INDUSTRIES LTD. AND ORS.
2004 INSC 3415 January 2004Disposed off
The case involved challenges to State legislation levying cesses on coal-bearing land, mineral-bearing land, brick-earth, and tea estates in West Bengal, and on mineral rights in Uttar Pradesh. The Constitution Bench, by a 4:1 majority (Lahoti, J. for himself, Khare CJI, Agrawal and Lakshmanan JJ.; Sinha, J. dissenting…
BUXA DOOARS TEA COMPANY LTD. ETC.versusSTATE OF WEST BENGAL AND OTHERS
1989 INSC 19112 May 1989Case Allowed
The petitioners, tea companies, challenged the levy of a rural employment cess on tea estates under the West Bengal Rural Employment and Production Act, 1976, as amended in 1981 and 1982. They argued that the levy, which was imposed on the despatches of tea rather than on the land, directly impeded the free flow of tra…
THE BELSUND SUGAR CO. LTD. ETC. ETC.versusTHE STATE OF BIHAR AND ORS. ETC.
1999 INSC 31510 August 1999Disposed off
The Supreme Court examined whether the Bihar Agricultural Produce Markets Act, 1960 (the Market Act) could be applied to transactions involving sugarcane, sugar, molasses, wheat products, vegetable oils, rice, milk products and tea. It held that the special statutes governing sugarcane, sugar and molasses – the Bihar S…
S. SAMUEL, M.D., HARRISONS MALAYALAM AND ANR.versusUNION OF INDIA AND ORS.
2003 INSC 6096 November 2003Appeal(s) allowed
The appellants, tea manufacturers, challenged the constitutional validity of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977, which regulated tea as an essential commodity. They argued that tea is not a "foodstuff" under the Essential Commodities Act, 1955, and that the Central Government had …
DUNCANS INDUSTRIES LTD.versusA. J. AGROCHEM
2019 INSC 11364 October 2019Dismissed
DUNCANS INDUSTRIES Ltd., a corporate debtor managing fourteen tea gardens, defaulted on payments to operational creditor A.J. Agrochem. The creditor filed an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The debtor argued that, because the Central Government had issued a notific…
SONAPUR TEA COMPANY PVT. LTD. & ANR.versusSTATE OF ASSAM AND ANR.
1994 INSC 1033 March 1994Appeal(s) allowed
Sonapur Tea Company owned a 1,617‑bigha tea estate in Kamrup, Assam that was requisitioned by the Union Defence Department under the Defence of India Act, 1962. After a portion was de‑requisitioned, the remaining estate was deemed requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952 (S…
COMMISSIONER OF CENTRAL EXCISE, COCHINversusM/S. TATA TEA LTD.
2002 INSC 2542 May 2002Appeal(s) allowed
The Commissioner of Central Excise issued notices to M/s Tata Tea Ltd demanding cess on its 'instant tea' under Section 25 of the Tea Act, 1953. The company contended that 'instant tea' was not 'tea' as defined in Section 3(n) and therefore the notices were illegal. The Tribunal set aside the revenue's demand, relying …