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february 1992

Supreme Court of India · 1992-02-18

COMMISSIONER OF SALES TAX, BOMBAY ETC.ETC. vs BHARAT PETROLEUM CORPORATION LTD. ETC.ETC.

Citation / case number
SC 1979/62808
Court
Supreme Court of India
Petitioner
COMMISSIONER OF SALES TAX, BOMBAY ETC.ETC.
Respondent
BHARAT PETROLEUM CORPORATION LTD. ETC.ETC.
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court ruled on the applicability of set-off under the Bombay Sales Tax Act, 1959, specifically addressing Section 42 and Rules 41 and 41-A. The Court held that a manufacturer is entitled to a set-off of sales tax paid on raw materials used in the production of both taxable and non-taxable goods, provided the conditions of Rule 41 are met. The judgment affirmed the High Court's decision allowing the full set-off claimed by the assessee, emphasizing that the nature of the goods manufactured does not preclude the right to claim set-off for all raw materials used.

COMMISSIONER OF SALES TAX, BOMBAY ETC.ETC. vs BHARAT PETROLEUM CORPORATION LTD. ETC.ETC. · Niyam