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october 1960

Supreme Court of India · 1960-10-26

TOBACCO MANUFACTURERS (INDIA) LTD. vs THE COMMISSIONER OF SALES-TAX, BIHAR, PATNA.

Citation / case number
SC 1958/23
Court
Supreme Court of India
Petitioner
TOBACCO MANUFACTURERS (INDIA) LTD.
Respondent
THE COMMISSIONER OF SALES-TAX, BIHAR, PATNA.
Author
DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.,AYYANGAR, N. RAJAGOPALA
Bench
DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court addressed the applicability of Article 286(1)(a) of the Constitution regarding sales tax on goods delivered outside the State of Bihar. The Court held that the Board of Revenue's interpretation, which exempted sales where goods were delivered outside the State for consumption in other States, was incorrect. The Court clarified that the sales tax officer must determine tax liability based on the Supreme Court's ruling in the United Motors Case, which prohibits tax on goods dispatched outside the State after January 26, 1950. The appeal was allowed, and the matter was remanded for proper assessment of tax liability.

TOBACCO MANUFACTURERS (INDIA) LTD. vs THE COMMISSIONER OF SALES-TAX, BIHAR, PATNA. · Niyam