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april 2004

Supreme Court of India · 2004-04-13

M/S Monga Rice Mill Etc vs State Of Haryana & Anr

Citation / case number
AIR 2004 SUPREME COURT 3241
Court
Supreme Court of India
Petitioner
M/S Monga Rice Mill Etc
Respondent
State Of Haryana & Anr
Author
Ruma Pal
Bench
Ruma Pal

Judgment text excerpt

The Supreme Court examined the legality of the State's power to levy purchase tax on paddy purchased by a miller for the purpose of exporting rice, in light of Section 5(3) and Section 15(ca) of the Central Sales Tax Act, 1956, and Article 286 of the Constitution. The Court held that the purchase of paddy by the miller for sale to the exporter does not qualify as a sale in the course of export, thus affirming the High Court's decision that the purchase tax is applicable under the Haryana General Sales Tax Act, 1973. Consequently, the appeals were dismissed, upholding the tax levy.

M/S Monga Rice Mill Etc vs State Of Haryana & Anr · Niyam