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november 2004

Supreme Court of India · 2004-11-17

State Of Jharkhand & Ors vs Ambay Cements & Anr

Citation / case number
AIR 2005 SUPREME COURT 4168
Court
Supreme Court of India
Petitioner
State Of Jharkhand & Ors
Respondent
Ambay Cements & Anr
Author
Ar. Lakshmanan
Bench
S.N. Variava, Ar. Lakshmanan, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the decision of the Jharkhand High Court, which remitted the matter back to the Joint Commissioner of Commercial Taxes for fresh consideration regarding the exemption from Sales Tax under the Industrial Policy 1995. The Court emphasized that compliance with the requirement of obtaining prior permission from the Industries Department, as mandated by the amended Notifications S.O. 57 and S.O. 58 dated 2.3.2000, is essential for eligibility for tax incentives. The judgment clarified that the respondent, M/s Ambey Cements, must fulfill this condition to qualify for the exemption.

State Of Jharkhand & Ors vs Ambay Cements & Anr · Niyam