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august 1985

Supreme Court of India · 1985-08-29

GOVT. MEDICAL STORE DEPOT, GAUHATI vs The SUPDT. OF TAXES, GAUHATI & ORS.

Citation / case number
SC 1973/60381
Court
Supreme Court of India
Petitioner
GOVT. MEDICAL STORE DEPOT, GAUHATI
Respondent
The SUPDT. OF TAXES, GAUHATI & ORS.
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court held that the Government Medical Store Depot at Gauhati, which operated on a 'no loss no profit' basis, does not qualify as a 'dealer' under Section 2(b) of the Central Sales Tax Act, 1956. The Court found that the absence of profit motive in transactions precludes the classification of the Depot as a business entity liable for sales tax. Consequently, the Court quashed the assessments made by the Taxing Authority and allowed the appeal, overturning the High Court's dismissal of the writ petition.

GOVT. MEDICAL STORE DEPOT, GAUHATI vs The SUPDT. OF TAXES, GAUHATI & ORS. · Niyam