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september 1955

Supreme Court of India · 1955-09-20

MESSRS MOHANLAL HARGOVIND DAS,BIDI MERCHANTS, JABALPUR (M. vs THE STATE OF MADHYA PRADESH & ANOTHER.

Citation / case number
SC 1955/150
Court
Supreme Court of India
Petitioner
MESSRS MOHANLAL HARGOVIND DAS,BIDI MERCHANTS, JABALPUR (M.
Respondent
THE STATE OF MADHYA PRADESH & ANOTHER.
Bench
DAS, SUDHI RANJAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,IMAM, SYED JAFFER,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court ruled that the State of Madhya Pradesh lacked the authority to impose a purchase tax on the petitioners, who are bidi merchants importing tobacco from Bombay, as such transactions constituted inter-State trade under Article 286(2) of the Constitution. The Court emphasized that the real nature of the transactions, involving the movement of goods across state borders, must be considered rather than the formal registration of dealers. Consequently, the imposition of tax was declared unconstitutional, affirming the protection of inter-State commerce.

MESSRS MOHANLAL HARGOVIND DAS,BIDI MERCHANTS, JABALPUR (M. vs THE STATE OF MADHYA PRADESH & ANOTHER. · Niyam