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april 1961

Supreme Court of India · 1961-04-28

M/S. GEORGE OAKES (P.) LTD. vs STATE OF MADRAS

Citation / case number
SC 1961/159
Court
Supreme Court of India
Petitioner
M/S. GEORGE OAKES (P.) LTD.
Respondent
STATE OF MADRAS
Author
DAS, S.K.,KAPURL.,HIDAYATULLAH, M.,SHAHC.,AIYYAR, T.L. VENKATARAMA
Bench
DAS, S.K.,KAPUR, J.L.,HIDAYATULLAH, M.,SHAH, J.C.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Madras General Sales (Definition of Turnover and Validation of Assessments) Act, 1954, stating that amounts collected as sales tax by sellers are deemed to be part of their turnover under Entry 54 of List II of the Constitution. The Court clarified that the definition of 'turnover' includes the aggregate amount for which goods are sold, including any sales tax passed on to the buyer. The judgment reaffirmed that the legislature has the competence to enact such provisions, thus validating the impugned Act.

M/S. GEORGE OAKES (P.) LTD. vs STATE OF MADRAS · Niyam