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december 2000

Supreme Court of India · 2000-12-01

DEVI DASS GOPAL KRISHEN LTD. vs STATE OF J&K

Citation / case number
SC 1999/6811
Court
Supreme Court of India
Petitioner
DEVI DASS GOPAL KRISHEN LTD.
Respondent
STATE OF J&K
Author
BRIJESH KUMAR Leave granted.
Bench
B.N. KIRPAL & DORAISWAMY RAJU & BRIJESH KUMAR

Judgment text excerpt

The Supreme Court held that the exemption granted to local manufacturers of edible oil in Jammu and Kashmir under Notification No. SRO 93 of 1991 violated Articles 301 and 304(a) of the Constitution, which prohibit discriminatory taxation affecting trade and commerce. The Court declared the exemption invalid but allowed it to remain effective until April 1, 1997, invoking Article 142 to mold the relief. The appeal was dismissed, affirming the High Court's decision to require the appellants to deposit the balance sales tax amount.

DEVI DASS GOPAL KRISHEN LTD. vs STATE OF J&K · Niyam