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march 1986

Supreme Court of India · 1986-03-31

CANTONMENT BOARD,DEHU ROAD & ANR. vs MAHINDRA OWEN LTD. & ANR.

Citation / case number
SC 1972/60417
Court
Supreme Court of India
Petitioner
CANTONMENT BOARD,DEHU ROAD & ANR.
Respondent
MAHINDRA OWEN LTD. & ANR.
Author
V. BALAKRISHNA ERADI
Bench
V. BALAKRISHNA ERADI

Judgment text excerpt

The Supreme Court dismissed the appeals, holding that the trailers/water tankers supplied to the Defence Department do not fall under the scope of items listed in the First Schedule of Notification No SRO 318 dated 29.10.59, specifically under Entries 3, 11, 14, and 16(b). The Court further clarified that even if these items were covered, the imposition of octroi duty would be illegal as per clause (vi) of Schedule II, which exempts 'Military Stores' from such duties. The term 'Military Stores' was interpreted broadly to include trailers/water tankers essential for military use, thus affirming the legality of their supply without octroi duty.

CANTONMENT BOARD,DEHU ROAD & ANR. vs MAHINDRA OWEN LTD. & ANR. · Niyam