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february 1978

Supreme Court of India · 1978-02-20

POLESTAR ELECTRONIC(P) LTD. vs ADDL. COMMISSIONER, SALES TAX DELHI

Citation / case number
SC 1977/61668
Court
Supreme Court of India
Petitioner
POLESTAR ELECTRONIC(P) LTD.
Respondent
ADDL. COMMISSIONER, SALES TAX DELHI
Bench
BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court interpreted the Bengal Finance (Sales Tax) Act, 1947, specifically Sections 2(5) and 5(2)(a)(ii), regarding the conditions under which a dealer can deduct turnover from gross turnover for tax purposes. The Court held that deductions for sales intended for resale or use as raw materials are contingent upon the submission of a duly filled declaration by the purchasing registered dealer. The Court emphasized that the requirement of such declarations is aimed at preventing fraud and ensuring administrative efficiency, thereby affirming the validity of the provisions in question.

POLESTAR ELECTRONIC(P) LTD. vs ADDL. COMMISSIONER, SALES TAX DELHI · Niyam