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november 1971

Supreme Court of India · 1971-11-17

STATE OF TAMIL NADU vs THIRUMAGAL MILLS LTD. ETC.

Citation / case number
SC 1969/60273
Court
Supreme Court of India
Petitioner
STATE OF TAMIL NADU
Respondent
THIRUMAGAL MILLS LTD. ETC.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court upheld the decision of the Madras High Court, affirming that the spinning mill's operation of a fair price shop and canteen for employees did not constitute 'business' under Section 2(d) of the Madras General Sales Tax Act, 1959. The Court emphasized that the primary requisite of 'business' is the presence of a commercial character, which was absent in this case as the activities were intended solely for employee welfare without profit motive. Consequently, the taxable turnover was correctly determined by excluding these sales from the assessment.

STATE OF TAMIL NADU vs THIRUMAGAL MILLS LTD. ETC. · Niyam