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october 1976

Supreme Court of India · 1976-10-25

MC DOWELL & COMPANY LTD. ETC. vs COMMERCIAL TAX OFFICER, VII CIRCLE, HYDERABAD ETC.

Citation / case number
SC 1976/60861
Court
Supreme Court of India
Petitioner
MC DOWELL & COMPANY LTD. ETC.
Respondent
COMMERCIAL TAX OFFICER, VII CIRCLE, HYDERABAD ETC.
Bench
SINGH, JASWANT

Judgment text excerpt

The Supreme Court held that excise duty and countervailing duty paid directly by buyers of Indian liquors do not constitute part of the turnover of the manufacturers under Section 2(1)(s) of the Andhra Pradesh General Sales Tax Act, 1957. The Court clarified that 'any sums charged by the dealer' refers to amounts demanded and collected by the dealer, which was not the case here as the duties were paid directly to the Treasury by the buyers. Consequently, the appeal was allowed, overturning the High Court's dismissal of the writ petition against the Sales Tax Officers' orders.

MC DOWELL & COMPANY LTD. ETC. vs COMMERCIAL TAX OFFICER, VII CIRCLE, HYDERABAD ETC. · Niyam