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march 2003

Supreme Court of India · 2003-03-05

State Of West Bengal And Anr vs E.I.T.A. India Ltd. And Ors

Citation / case number
AIR 2003 SUPREME COURT 4126
Court
Supreme Court of India
Petitioner
State Of West Bengal And Anr
Respondent
E.I.T.A. India Ltd. And Ors
Author
Syed Shah Mohammed Quadri
Bench
Syed Shah Mohammed Quadri, Ashok Bhan

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 2(6) of the West Bengal Sales Tax Act, 1994, while suspending its operation until proper disclosure procedures are established. The Court struck down various provisions of Section 11 and Section 14, along with specific rules from the West Bengal Sales Tax Rules, 1995, as unconstitutional, particularly those applying to transporters, citing lack of legislative competence. The judgment emphasized that any legislation lacking legislative competence or contravening constitutional provisions cannot be deemed valid.

State Of West Bengal And Anr vs E.I.T.A. India Ltd. And Ors · Niyam