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july 1981

Supreme Court of India · 1981-07-23

ASSESSING AUTHORITY-CUM-EXCISE & TAXATION OFFICER, GURGAON vs M/S. EAST INDIA COTTON MFG. CO. LTD.FARIDABAD.

Citation / case number
SC 1973/60393
Court
Supreme Court of India
Petitioner
ASSESSING AUTHORITY-CUM-EXCISE & TAXATION OFFICER, GURGAON
Respondent
M/S. EAST INDIA COTTON MFG. CO. LTD.FARIDABAD.
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court interpreted the Central Sales Tax Act, 1956, specifically Section 8(3)(b), determining that a registered manufacturer can purchase goods at a lower tax rate for use in manufacturing goods for sale, including those manufactured for third parties under job contracts. The Court held that the use of purchased goods for processing textiles for third parties does not violate the terms of the Certificate of Registration, thus ruling in favor of the assessee. The penalty imposed under Section 10A was deemed inappropriate as the interpretation of 'manufacture' was clarified to include third-party contracts.

ASSESSING AUTHORITY-CUM-EXCISE & TAXATION OFFICER, GURGAON vs M/S. EAST INDIA COTTON MFG. CO. LTD.FARIDABAD. · Niyam