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august 1960

Supreme Court of India · 1960-08-12

THE STATE OF MADRAS AND ANOTHER vs M/s. M. A. NOOR MOHAMMED AND CO.

Citation / case number
SC 1959/5
Court
Supreme Court of India
Petitioner
THE STATE OF MADRAS AND ANOTHER
Respondent
M/s. M. A. NOOR MOHAMMED AND CO.
Author
SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Bench
SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that under Section 5(vi) of the Madras General Sales Tax Act, 1939, sales tax on hides and skins can only be levied at a single point, but this is contingent upon compliance with licensing requirements. The Court ruled that Rule 16(5) of the Madras General Sales Tax (Turnover and Assessment) Rules, 1939, which restricts single point taxation to licensed dealers, is not ultra vires as it aligns with the provisions of the Act. Consequently, the assessment of sales tax on the respondent, who failed to renew their license, was upheld, affirming the legality of the tax assessment under Section 3 of the Act.

THE STATE OF MADRAS AND ANOTHER vs M/s. M. A. NOOR MOHAMMED AND CO. · Niyam