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.