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october 1978

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.

COMMISSIONER OF SALES TAX, M.P. INDORE AND ORS. vs RADHAKRISHAN AND ORS. · Niyam