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may 1976

Supreme Court of India · 1976-05-03

DELHI CLOTH & GENERAL MILLS CO. LTD. & ORS. vs R. R. GUPTA, COMMERCIAL TAX OFFICER, JAIPUR & ANR.

Citation / case number
SC 1973/60237
Court
Supreme Court of India
Petitioner
DELHI CLOTH & GENERAL MILLS CO. LTD. & ORS.
Respondent
R. R. GUPTA, COMMERCIAL TAX OFFICER, JAIPUR & ANR.
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that rayon tyre cord fabric, manufactured from rayon and cotton threads, is subject to sales tax under the Rajasthan Sales Tax Act, 1954, as it does not qualify as an end product exempt from tax under Entry 18. The Court found no error apparent on the record and emphasized that the determination of whether the fabric is a textile or merely cord is a technical question for the taxing authorities. The petition under Article 32 was dismissed as no Fundamental Right was violated.

DELHI CLOTH & GENERAL MILLS CO. LTD. & ORS. vs R. R. GUPTA, COMMERCIAL TAX OFFICER, JAIPUR & ANR. · Niyam