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august 1980

Supreme Court of India · 1980-08-26

THE COMMISSIONER OF SALES TAX, U.P. vs BISHAMBER SINGH LAYAQ RAM

Citation / case number
SC 1973/60406
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF SALES TAX, U.P.
Respondent
BISHAMBER SINGH LAYAQ RAM
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the High Court's finding that the assessee, a kutcha arhatiya, was not a dealer under Section 2(c) of the U.P. Sales Tax Act was incorrect. The Court clarified that the definition of 'dealer' includes various agents, including kutcha arhatiyas, who facilitate sales and purchases. The Court emphasized that a kutcha arhatiya acts as an agent for his constituents and is thus liable for sales tax. The appeal was allowed, overturning the High Court's decision and affirming the Sales Tax Officer's assessment.

THE COMMISSIONER OF SALES TAX, U.P. vs BISHAMBER SINGH LAYAQ RAM · Niyam