Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1965

Supreme Court of India · 1965-04-02

KEDARNATH JUTE MANUFACTURING CO. vs COMMERCIAL TAX OFFICER, CALCUTTA AND ORS.

Citation / case number
SC 1964/90404
Court
Supreme Court of India
Petitioner
KEDARNATH JUTE MANUFACTURING CO.
Respondent
COMMERCIAL TAX OFFICER, CALCUTTA AND ORS.
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 5(2)(a)(ii) of the Bengal Finance (Sales Tax) Act, 1941, the production of declaration forms is mandatory for claiming exemption, and cannot be substituted with other evidence. The Court emphasized that the proviso serves a critical function in preventing tax evasion and cannot be deemed directory. The appeal was dismissed as the appellant failed to produce the required forms, affirming the assessment order of the Commercial Tax Officer.

KEDARNATH JUTE MANUFACTURING CO. vs COMMERCIAL TAX OFFICER, CALCUTTA AND ORS. · Niyam