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august 2005

Supreme Court of India · 2005-08-04

M/S. A.B.C. (INDIA) LTD. vs STATE OF ASSAM

Citation / case number
SC 2000/5559
Court
Supreme Court of India
Petitioner
M/S. A.B.C. (INDIA) LTD.
Respondent
STATE OF ASSAM
Author
AR. LAKSHMANAN S.N. VARIAVA
Bench
DR. AR. LAKSHMANAN S.N. VARIAVA

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 against the Gauhati High Court's decision was dismissed, reinforcing the applicability of the Act as per the precedent set in Tripura Goods Transport Association & Anr. Vs. Commissioner of Taxes & Ors.

M/S. A.B.C. (INDIA) LTD. vs STATE OF ASSAM · Niyam