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.