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april 2004

Supreme Court of India · 2004-04-13

M/S. MONGA RICE MILL vs STATE OF HARYANA

Citation / case number
SC 2002/7806
Court
Supreme Court of India
Petitioner
M/S. MONGA RICE MILL
Respondent
STATE OF HARYANA
Author
KAPADIA. RUMA PAL
Bench
KAPADIA. RUMA PAL

Judgment text excerpt

The Supreme Court ruled that the State does not have the authority to levy purchase tax on paddy purchased by a miller for the purpose of selling rice to an exporter, as per Section 5(3) and Section 15(ca) of the Central Sales Tax Act, 1956. The Court emphasized that the purchase of paddy by the miller is deemed to occur in the course of export, thus exempting it from local taxation under Article 286 of the Constitution. The High Court's decision to uphold the tax levy was overturned, and the appeals were allowed.

M/S. MONGA RICE MILL vs STATE OF HARYANA · Niyam