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october 1976

Supreme Court of India · 1976-10-26

THIRU MANICKAM AND CO. vs THE STATE OF TAMIL NADU

Citation / case number
SC 1971/60117
Court
Supreme Court of India
Petitioner
THIRU MANICKAM AND CO.
Respondent
THE STATE OF TAMIL NADU
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that under Section 15(b) of the Central Sales Tax Act, 1956, an assessee is entitled to a refund of state sales tax paid on declared goods sold in the course of inter-state trade, provided the sales tax was also paid under the Central Act. The Court clarified that the proviso to Section 4 of the Tamil Nadu General Sales Tax Act supports this entitlement, emphasizing that the dealer who sells the goods in inter-state trade is eligible for the refund. The Court distinguished the case from M. A. Khader & Co. v. Deputy Commercial Taxation Officer, asserting that the context of 'refund' in the statute must be interpreted to align with legislative intent.

THIRU MANICKAM AND CO. vs THE STATE OF TAMIL NADU · Niyam