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december 1975

Supreme Court of India · 1975-12-19

MANGANESE ORE (INDIA) LTD. A vs THE REGIONAL ASSISTANT COMMISSIONER OF SALES TAX,JABALPUR

Citation / case number
SC 1975/60655
Court
Supreme Court of India
Petitioner
MANGANESE ORE (INDIA) LTD. A
Respondent
THE REGIONAL ASSISTANT COMMISSIONER OF SALES TAX,JABALPUR
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that under Section 5(1) of the Central Sales Tax Act, 1956, sales that do not directly occasion export are not exempt from taxation. The Court clarified that sales through intermediaries do not qualify as 'sales occasioning export' as per the precedent set in Md. Serajuddin v. State of Orissa. Consequently, the imposition of tax on certain sales by Manganese Ore (India) Ltd. was upheld, while the penalty for belated return filing was quashed, as it was not provided for under the Act.

MANGANESE ORE (INDIA) LTD. A vs THE REGIONAL ASSISTANT COMMISSIONER OF SALES TAX,JABALPUR · Niyam