Supreme Court of India · 2004-12-14
State Of Punjab & Ors vs M/S Punjab Fibres Ltd. & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 437
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab & Ors
- Respondent
- M/S Punjab Fibres Ltd. & Ors
- Author
- S. N. Variava
- Bench
- S. N. Variava, Ar. Lakshmanan, S. H. Kapadia
Judgment text excerpt
The Supreme Court held that the Punjab Government Notification dated 23rd November 1979, under Section 5 of the Punjab General Sales Tax Act, 1948, provides specific conditions for availing concessional tax rates for textile mills established after 1st December 1979. The Court found that the Respondents did not fulfill the conditions of the Notification, particularly regarding the establishment date and inter-state transactions. Consequently, the Court set aside the High Court's decision, ruling that the Respondents were not entitled to the benefits claimed under the Notification, thereby upholding the Assessing Authority's order for differential tax and penalties.