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august 1988

Supreme Court of India · 1988-08-11

WEST BENGAL HOSIERY ASSOCIATION AND ORS. vs STATE OF BIHAR AND ANR.

Citation / case number
SC 1986/69703
Court
Supreme Court of India
Petitioner
WEST BENGAL HOSIERY ASSOCIATION AND ORS.
Respondent
STATE OF BIHAR AND ANR.
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court held that the Bihar Government's notification exempting hosiery goods manufactured in Bihar from sales tax while imposing a 5% tax on similar goods imported from other states violated Articles 301 and 304(b) of the Constitution of India. The Court found that this exemption constituted clear discrimination against out-of-state goods, hampering the free flow of trade and commerce. Consequently, the Court quashed the notification and directed the State to refrain from levying sales tax on imported hosiery goods.

WEST BENGAL HOSIERY ASSOCIATION AND ORS. vs STATE OF BIHAR AND ANR. · Niyam