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july 1961

Supreme Court of India · 1961-07-26

THE INDORE IRON AND STEEL REGISTEREDSTOCK-HOLDERS vs THE STATE OF MADHYA PRADESHAND OTHERS

Citation / case number
SC 1960/188
Court
Supreme Court of India
Petitioner
THE INDORE IRON AND STEEL REGISTEREDSTOCK-HOLDERS
Respondent
THE STATE OF MADHYA PRADESHAND OTHERS
Author
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR
Bench
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court upheld the validity of the sales tax assessment on iron and steel articles under the Madhya Bharat Sales Tax Act, Samvat 2007, despite the declaration of these commodities as essential under the Essential Goods (Declaration and Regulation of Tax on Sale or Purchase) Act, 1952. The Court clarified that Article 286(3) of the Constitution could only be invoked if the impugned legislation was enacted after the parliamentary declaration and was reserved for the President's assent, which was not the case here. Thus, the notification was deemed valid and the appeal was dismissed.

THE INDORE IRON AND STEEL REGISTEREDSTOCK-HOLDERS vs THE STATE OF MADHYA PRADESHAND OTHERS · Niyam