Supreme Court of India · 2000-02-25
M/S. S.A.I.L. vs STATE OF ORISSA
- Citation / case number
- SC 1998/3553
- Court
- Supreme Court of India
- Petitioner
- M/S. S.A.I.L.
- Respondent
- STATE OF ORISSA
- Author
- S.P.BHARUCHA,S.N.PHUKAN,RUMA PAL
- Bench
- S.P.BHARUCHA,S.N.PHUKAN,RUMA PAL
Judgment text excerpt
The Supreme Court upheld the High Court's decision to strike down Section 13AA of the Orissa Sales Tax Act, which mandated a two percent deduction from payments to contractors without allowing for exemptions for non-taxable transactions. The Court found that the provision was unconstitutional as it imposed a blanket deduction on all payments, including those not liable for sales tax, thus violating principles of fairness and equality. The ruling reinforced the need for a mechanism to exempt certain transactions from tax deductions, establishing that arbitrary tax provisions are unconstitutional.