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august 1968

Supreme Court of India · 1968-08-19

COMMISSIONER OF SALES TAX, U.P. vs DR. SUKH DEO

Citation / case number
SC 1966/60438
Court
Supreme Court of India
Petitioner
COMMISSIONER OF SALES TAX, U.P.
Respondent
DR. SUKH DEO
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the dispensing of medicines by a medical practitioner does not constitute 'manufacture' under notification No. S.T. 3504/X issued under Section 3A of the U.P. Sales Tax Act, 1948. The Court clarified that when a mixture of drugs is prepared specifically for a patient, it does not qualify as a commercial commodity, thus exempting the practitioner from sales tax liability. However, if the mixture is prepared under the practitioner's direction for a specific purpose, the turnover from that mixture is taxable.

COMMISSIONER OF SALES TAX, U.P. vs DR. SUKH DEO · Niyam