Supreme Court of India · 1978-10-06
COMMISSIONER OF SALES TAX, M.P. INDORE AND ORS. vs RADHAKRISHAN AND ORS.
- Citation / case number
- SC 1972/60199
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF SALES TAX, M.P. INDORE AND ORS.
- Respondent
- RADHAKRISHAN AND ORS.
- Bench
- KAILASAM, P.S.
Judgment text excerpt
The Supreme Court held that under Section 46(1)(c) of the Madhya Pradesh General Sales Tax Act, 1958, partners of a firm cannot be held liable for the tax assessed against the firm in the absence of a specific provision making them jointly liable. The Court emphasized that a firm is recognized as a separate legal entity and can only be prosecuted as such. The appeal was dismissed, affirming the High Court's decision to quash the order for criminal prosecution against the partners.