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may 1993

Supreme Court of India · 1993-05-13

M/S SARU SMELTING (P) LTD. vs THE COMMISSIONER OF SALES TAX, LUCKNOW

Citation / case number
SC 1980/62710
Court
Supreme Court of India
Petitioner
M/S SARU SMELTING (P) LTD.
Respondent
THE COMMISSIONER OF SALES TAX, LUCKNOW
Author
YOGESHWAR DAYAL
Bench
YOGESHWAR DAYAL

Judgment text excerpt

The Supreme Court held that Phosphorous Bronze does not fall under the exemption provided in Notification No. ST-II-333/X-10121971 under the U.P. Sales Tax Act, 1948, as it contains Phosphorous, which is not one of the metals listed in the notification. The Court emphasized that the term 'other alloy containing any of these metals only' excludes any alloy with additional substances. The appeal was dismissed, affirming the High Court's decision to classify Phosphorous Bronze as an unclassified commodity subject to a tax rate of 3.5%.

M/S SARU SMELTING (P) LTD. vs THE COMMISSIONER OF SALES TAX, LUCKNOW · Niyam