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april 1970

Supreme Court of India · 1970-04-27

JAIPUR HOSIERY MILLS (P) LTD., JAIPUR vs THE STATE OF RAJASTHAN & OTHERS.

Citation / case number
SC 1967/216
Court
Supreme Court of India
Petitioner
JAIPUR HOSIERY MILLS (P) LTD., JAIPUR
Respondent
THE STATE OF RAJASTHAN & OTHERS.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court examined the validity of notifications issued under Section 4(2) of the Rajasthan Sales Tax Act, 1950, which exempted certain garments from sales tax but excluded hosiery products. The Court held that while a taxing statute can be challenged under Article 14 of the Constitution, the legislature has broad discretion in classification for taxation. It concluded that the High Court erred in determining whether vests and underwears were hosiery products, as this was a matter for assessing authorities, not the judiciary.

JAIPUR HOSIERY MILLS (P) LTD., JAIPUR vs THE STATE OF RAJASTHAN & OTHERS. · Niyam