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april 1983

Supreme Court of India · 1983-04-15

H.M.M. LIMITED vs DIRECTOR OF ENTRY TAX, WEST BENGAL & OTHERS.

Citation / case number
SC 1980/63431
Court
Supreme Court of India
Petitioner
H.M.M. LIMITED
Respondent
DIRECTOR OF ENTRY TAX, WEST BENGAL & OTHERS.
Author
A. VARADARAJAN
Bench
A. VARADARAJAN

Judgment text excerpt

The Supreme Court upheld the application of the Taxes on Entry of Goods into Calcutta Metropolitan Area Rules, 1970 under the Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1972, specifically citing Section 1(3) of the Ordinance and Section 37(2) of the Act. The Court established that the Assessing Officer is entitled to determine the value of goods on a 'best judgment' basis if the declared value is not satisfactory, as per Rule 12(2). The Court affirmed the assessment made by the Entry Tax Officer, concluding that the company failed to produce necessary documents to substantiate its declared value, thus justifying the tax assessment.

H.M.M. LIMITED vs DIRECTOR OF ENTRY TAX, WEST BENGAL & OTHERS. · Niyam