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november 1962

Supreme Court of India · 1962-11-22

FIRM A. T. B. MEHTABMAJID AND CO. vs STATE OF MADRAS AND ANOTHER

Citation / case number
SC 1959/131
Court
Supreme Court of India
Petitioner
FIRM A. T. B. MEHTABMAJID AND CO.
Respondent
STATE OF MADRAS AND ANOTHER
Author
DAS, S.K.,KAPURL.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR
Bench
DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court ruled that the higher sales tax on tanned hides and skins imported from outside the State, compared to those tanned and sold within the State, violates Article 304(a) of the Constitution, as it constitutes discriminatory taxation affecting the free flow of trade. The Court clarified that sales tax can be a restriction on trade if it hampers commerce and is not compensatory. The impugned rule, being part of the Madras General Sales Tax Act, was upheld as a valid legislative measure under Section 19 of the Act.

FIRM A. T. B. MEHTABMAJID AND CO. vs STATE OF MADRAS AND ANOTHER · Niyam