Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1958

Supreme Court of India · 1958-02-19

THE TATA IRON & STEEL CO., LTD. vs THE STATE OF BIHAR

Citation / case number
SC 1956/85
Court
Supreme Court of India
Petitioner
THE TATA IRON & STEEL CO., LTD.
Respondent
THE STATE OF BIHAR
Bench
DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,DAS, S.K.,SARKAR, A.K.,BOSE, VIVIAN

Judgment text excerpt

The Supreme Court upheld the validity of the Bihar Sales Tax Act, 1947, specifically Section 4(1) and Section 2(g), ruling that the provincial legislature had the authority to impose sales tax, including retrospective levies. The court rejected the appellant's argument that the tax was akin to excise duty and emphasized the applicability of the theory of territorial nexus. The dissenting opinion noted concerns regarding the retrospective nature of the tax, but the majority held that the provisions were constitutionally valid and within legislative competence.

THE TATA IRON & STEEL CO., LTD. vs THE STATE OF BIHAR · Niyam