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

november 1967

Supreme Court of India · 1967-11-23

DEPUTY COMMERCIAL TAX OFFICER, SAIDAPET & ANR. vs ENFIELD INDIA LTD., CO-OPERATIVE CANTEEN LTD.

Citation / case number
SC 1966/60089
Court
Supreme Court of India
Petitioner
DEPUTY COMMERCIAL TAX OFFICER, SAIDAPET & ANR.
Respondent
ENFIELD INDIA LTD., CO-OPERATIVE CANTEEN LTD.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court ruled that a cooperative society registered under the Madras Co-operative Societies Act, 1932 qualifies as a 'dealer' under Section 2(g) of the Madras General Sales Tax Act, 1959, as it supplies goods to its members for cash or deferred payment. The Court held that the Explanation to Section 2(g) clarifies that such transactions are taxable and does not overstep legislative power. The High Court's finding that these provisions were ultra vires was overturned, affirming that the society's transactions constituted sales under the Act.

DEPUTY COMMERCIAL TAX OFFICER, SAIDAPET & ANR. vs ENFIELD INDIA LTD., CO-OPERATIVE CANTEEN LTD. · Niyam