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january 2000

Supreme Court of India · 2000-01-19

SHREE CEMENT LTD vs STATE OF RAJASTHAN

Citation / case number
SC 1997/19688
Court
Supreme Court of India
Petitioner
SHREE CEMENT LTD
Respondent
STATE OF RAJASTHAN
Author
N.S.Hegde S.P.Bharucha
Bench
N.S.Hegde S.P.Bharucha

Judgment text excerpt

The Supreme Court held that the notifications issued by the State of Rajasthan under Section 8(5) of the Central Sales Tax Act, which reduced the sales tax rate for inter-State sales, were void and quashed based on the precedent set in Shree Digvijay Cement Co. vs. State of Rajasthan. The Court overruled its previous decisions in both Shree Digvijay Cement and India Cement & Ors. vs. State of Andhra Pradesh, establishing that the State cannot recover differential sales tax based on void notifications. The Court ultimately ruled in favor of the petitioners, preventing the recovery of the differential tax demanded by the show-cause notices.

SHREE CEMENT LTD vs STATE OF RAJASTHAN · Niyam