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february 2000

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.

M/S. S.A.I.L. vs STATE OF ORISSA · Niyam