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december 1973

Supreme Court of India · 1973-12-21

GWALIOR RAYON SILK MFG. (WVG.) CO. LTD. vs THE ASSTT. COMMISSIONER OF SALES TAX & ORS.

Citation / case number
SC 1973/60312
Court
Supreme Court of India
Petitioner
GWALIOR RAYON SILK MFG. (WVG.) CO. LTD.
Respondent
THE ASSTT. COMMISSIONER OF SALES TAX & ORS.
Bench
RAY, A.N. (CJ),KHANNA, HANS RAJ,MATHEW, KUTTYIL KURIEN,ALAGIRISWAMI, A.,BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 8(2)(b) of the Central Sales Tax Act, 1956, determining that it does not suffer from excessive delegation. The Court found that there is a clear legislative policy in the provision, which mandates that the Central Sales Tax rate cannot be less than the local sales tax rate for goods, ensuring that inter-State sales do not provide an advantage to unregistered dealers. The Court emphasized that the law's objective is to prevent tax evasion through inter-State trade, and it is impractical for Parliament to fix a maximum rate due to the variability of local sales tax across states.

GWALIOR RAYON SILK MFG. (WVG.) CO. LTD. vs THE ASSTT. COMMISSIONER OF SALES TAX & ORS. · Niyam