KAMAL KUMAR AGARWALversusCOMMISSIONER OF COMMERCIAL TAXES, WEST BENGAL & ORS.
2010 INSC 17226 March 2010Dismissed
The appellant, a Customs House Agent, signed the statutory declaration required under West Bengal Sales Tax Rules 211A before taking delivery of imported goods destined for Mumbai, transiting West Bengal. He failed to produce the endorsed counter‑signed copy of the declaration at the exit checkpost, leading the tax aut…
BHAI JASPAL SINGH AND ANR.versusASSISTANT COMMISSIONER OF COMMERCIAL TAXES AND ORS.
2010 INSC 72222 October 2010Dismissed
The appellant, a small‑scale fruit‑processing unit, claimed exemption from West Bengal sales tax on the basis of Notification No. 1428‑FT dated 26‑May‑1994, asserting that its investment in plant and machinery was below Rs.5 lakhs after accounting for depreciation. The assessing authority held that the investment excee…
M/S. K.B. TEA PRODUCT PVT. LTD. & ANR.versusCOMMERCIAL TAX OFFICER, SILIGURI & ORS.
2023 INSC 53012 May 2023Matter referred to larger bench
The appellants, K.B. Tea Product Pvt. Ltd. and others, set up small‑scale units for blended tea under a tax‑holiday scheme that exempted manufacturers from sales tax under the West Bengal Sales Tax Act, 1994. The scheme was based on the then‑existing definition of "manufacture" which included "blending of tea". In Augu…
STATE OF WEST BENGAL AND ANR.versusE.I.T.A. INDIA LTD. AND ORS.
2003 INSC 1505 March 2003Appeal(s) allowed
The State of West Bengal challenged the constitutional validity of several provisions of the West Bengal Sales Tax Act, 1994 and its 1995 Rules, including Section 2(6), the explanation to Section 11, and Section 14(4), as well as Rules 172, 173, 174, 188 and 189. The respondents argued that these provisions created a s…