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april 1973

Supreme Court of India · 1973-04-16

STATE OF U.P. AND ANR. vs ANNAPURNA BISCUIT MFG. CO.

Citation / case number
SC 1972/60360
Court
Supreme Court of India
Petitioner
STATE OF U.P. AND ANR.
Respondent
ANNAPURNA BISCUIT MFG. CO.
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court upheld the constitutionality of Section 29-A of the U.P. Sales Tax Act, which allows for refunds in special cases, against the Allahabad High Court's ruling declaring it unconstitutional. The Court referenced Section 8-A(4) and the precedent set in Commissioner of Sales Tax v. Ganga Sugar Corporation Ltd., affirming that the State Legislature has the authority to legislate on tax matters under Entry 54 of List II in the Seventh Schedule of the Constitution. The appeal was allowed, and the High Court's decision was reversed.

STATE OF U.P. AND ANR. vs ANNAPURNA BISCUIT MFG. CO. · Niyam