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april 1968

Supreme Court of India · 1968-04-18

STATE OF MADRAS vs N. K. NATARAJA MUDALIAR

Citation / case number
SC 1967/211
Court
Supreme Court of India
Petitioner
STATE OF MADRAS
Respondent
N. K. NATARAJA MUDALIAR
Author
SHAHC.,BACHAWAT, R.S.,MITTER, G.K.,VAIDYIALINGAM, C.A.,HEGDE, K.S.
Bench
SHAH, J.C.,BACHAWAT, R.S.,MITTER, G.K.,VAIDYIALINGAM, C.A.,HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the provisions of sub-sections (2), (2A), and (5) of Section 8 of the Central Sales Tax Act, 1956, which impose varying rates of tax on inter-State transactions, violate Articles 301 and 303(1) of the Constitution by hampering free trade and commerce. The Court clarified that while taxes can impede trade, not every tax does so, and the specific tax in question was deemed to encumber trade. The appeal by the State against the High Court's ruling was dismissed, affirming the High Court's decision that the differential tax rates were unconstitutional.

STATE OF MADRAS vs N. K. NATARAJA MUDALIAR · Niyam