Supreme Court of India · 2005-08-04
M/S A.B.C. (India) Ltd vs State Of Assam & Anr
- Citation / case number
- AIR 2005 SUPREME COURT 3215
- Court
- Supreme Court of India
- Petitioner
- M/S A.B.C. (India) Ltd
- Respondent
- State Of Assam & Anr
- Author
- Ar. Lakshmanan
- Bench
- S.N. Variava, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court upheld the provisions of Sections 42 and 44 of the Assam General Sales Tax Act, 1993, affirming their constitutionality against the challenge of being ultra vires. The Court clarified that the provisions are essential for ensuring compliance and preventing tax evasion in the transportation of goods. The appeal was allowed, and the decision of the Gauhati High Court was set aside, reinforcing the applicability of the Act as per the precedent established in Tripura Goods Transport Association & Anr. Vs. Commissioner of Taxes & Ors., (1999) 2 SCC 253.