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february 1996

Supreme Court of India · 1996-02-23

CALCUTTA IRON MERCHANTS ASSOCIATION AND ANOTHER vs COMMISSIONER OF COMMERCIAL TAXES AND ANOTHER

Citation / case number
SC 1990/77106
Court
Supreme Court of India
Petitioner
CALCUTTA IRON MERCHANTS ASSOCIATION AND ANOTHER
Respondent
COMMISSIONER OF COMMERCIAL TAXES AND ANOTHER
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court interpreted Section 4B of the Bengal Finance (Sales Tax) Act, 1941, which prohibits the transport of notified goods exceeding specified quantities without prescribed conditions to prevent tax evasion. The Court upheld the validity of Rule 89A(2) requiring transporters to carry a consignment note and a written declaration for goods valued over twenty-five thousand rupees. The judgment confirmed that compliance with these regulations is essential for lawful transport, thereby reinforcing the state's authority to regulate sales tax-related transport activities.

CALCUTTA IRON MERCHANTS ASSOCIATION AND ANOTHER vs COMMISSIONER OF COMMERCIAL TAXES AND ANOTHER · Niyam