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april 1962

Supreme Court of India · 1962-04-06

EAST INDIA TOBACCO CO. vs STATE OF ANDHRA PRADESH

Citation / case number
SC 1961/75
Court
Supreme Court of India
Petitioner
EAST INDIA TOBACCO CO.
Respondent
STATE OF ANDHRA PRADESH
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court upheld the Madras General Sales Tax (Andhra Amendment) Act, 1955, which imposed a tax on the sale of Virginia tobacco while exempting country tobacco. The Court ruled that the burden of proof lies on the party challenging the legislation to demonstrate that it is discriminatory and not based on valid classification, particularly in taxation matters. The Court found that the Act did not violate Article 14 of the Constitution as it did not operate unequally within its classification, and thus the tax on Virginia tobacco was constitutional.

EAST INDIA TOBACCO CO. vs STATE OF ANDHRA PRADESH · Niyam