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november 1972

Supreme Court of India · 1972-11-22

STATE OF TAMIL NADU ETC. vs CEMENT DISTRIBUTORS PRIVATE LTD. ETC. ETC.

Citation / case number
SC 1969/60282
Court
Supreme Court of India
Petitioner
STATE OF TAMIL NADU ETC.
Respondent
CEMENT DISTRIBUTORS PRIVATE LTD. ETC. ETC.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that producers supplying cement in gunny bags under government directives are not liable to pay sales tax on the turnover related to the price of the gunny bags, as the price was controlled and thus not considered 'sales' under the relevant statutes. The Court applied the principles from New India Sugar Mills Ltd. and Chittar Mal Narain Dass, concluding that the price of gunny bags should not be included in taxable turnover. Additionally, it was determined that charges for packing exempted under Rule 6(f) included both packing material and labor charges, rejecting the appellant's contention that only service charges were exempted.

STATE OF TAMIL NADU ETC. vs CEMENT DISTRIBUTORS PRIVATE LTD. ETC. ETC. · Niyam