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december 1965

Supreme Court of India · 1965-12-14

STATE OF MADRAS vs M/S. SWASTIK TOBACCO FACTORY, VEDARANYAM

Citation / case number
SC 1965/45
Court
Supreme Court of India
Petitioner
STATE OF MADRAS
Respondent
M/S. SWASTIK TOBACCO FACTORY, VEDARANYAM
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court addressed the interpretation of Rule 5(1)(i) of the Madras General Sales Tax (Turnover and Assessment) Rules, 1939, concerning the deductibility of excise duty on raw tobacco from the turnover of chewing tobacco. The Court held that since the excise duty was paid on raw tobacco, which is a different commodity from the manufactured chewing tobacco, it could not be deducted from the turnover. The ruling emphasized that the expression 'in respect of the goods' in the rule refers only to the goods sold and does not include the raw materials used in their manufacture.

STATE OF MADRAS vs M/S. SWASTIK TOBACCO FACTORY, VEDARANYAM · Niyam