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march 1989

Supreme Court of India · 1989-03-15

AYURVEDA PHARMACY & ANR. vs STATE OF TAMIL NADU

Citation / case number
SC 1974/60380
Court
Supreme Court of India
Petitioner
AYURVEDA PHARMACY & ANR.
Respondent
STATE OF TAMIL NADU
Author
R.S. () PATHAK
Bench
R.S. (CJ) PATHAK

Judgment text excerpt

The Supreme Court held that the higher sales tax rate of 30% imposed on Ayurvedic preparations Arishtams and Asavas under the Tamil Nadu General Sales Tax Act, 1959, is discriminatory as it treats these medicinal preparations differently from others with lower rates. The Court emphasized that all medicinal preparations, regardless of alcohol content, should be treated uniformly for tax purposes. Consequently, the appellants are entitled to a refund of the excess sales tax paid, as the differentiation lacked a rational basis under the law.

AYURVEDA PHARMACY & ANR. vs STATE OF TAMIL NADU · Niyam