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september 2001

Supreme Court of India · 2001-09-18

MADRAS REFINERIES LTD. vs STATE OF TAMIL NADU

Citation / case number
SC 1998/18160
Court
Supreme Court of India
Petitioner
MADRAS REFINERIES LTD.
Respondent
STATE OF TAMIL NADU
Bench
B.N. KIRPAL & S.N. PHUKAN & P. VENKATARAMA REDDI

Judgment text excerpt

The Supreme Court held that under the Tamil Nadu General Sales Tax Act, the amount received by the appellant from the industrial pool account cannot be included in the taxable turnover as it is not deemed to be the first sale in the State, per Explanation 1. The Court clarified that even if the amount is considered part of the sale price, it relates to sales made to another oil company, Indian Oil Corporation Ltd. (IOCL), and thus is exempt from sales tax. The notices issued to include this amount in the turnover were quashed, affirming that no tax can be levied on the appellant for the amounts received from the compensation pool.

MADRAS REFINERIES LTD. vs STATE OF TAMIL NADU · Niyam