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august 1969

Supreme Court of India · 1969-08-01

KURAPATI VENKATASATYANARAYANA & OTHERS vs THE STATE OF ANDHRA PRADESH

Citation / case number
SC 1968/60085
Court
Supreme Court of India
Petitioner
KURAPATI VENKATASATYANARAYANA & OTHERS
Respondent
THE STATE OF ANDHRA PRADESH
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Article 285(1)(a) of the Constitution, the burden of proof does not lie on the dealer to demonstrate actual consumption of goods in the delivery State. The Court found that the sales made from January 26, 1960, to March 31, 1960, were not liable to sales tax, thus rendering the tax levy illegal. Furthermore, the Court ruled that the assessment order could be severed, allowing for the legal and illegal parts to be distinguished, rather than invalidating the entire assessment.

KURAPATI VENKATASATYANARAYANA & OTHERS vs THE STATE OF ANDHRA PRADESH · Niyam