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january 2005

Supreme Court of India · 2005-01-25

COMMNR.OF SALES TAX, DELHI &ORS vs M/S.SHRI KRISHNA ENGG. CO.

Citation / case number
SC 1999/1757
Court
Supreme Court of India
Petitioner
COMMNR.OF SALES TAX, DELHI &ORS
Respondent
M/S.SHRI KRISHNA ENGG. CO.
Author
S.N. VARIAVA,AR. LAKSHMANAN,S.H. KAPADIA
Bench
S.N. VARIAVA,DR. AR. LAKSHMANAN,S.H. KAPADIA

Judgment text excerpt

The Supreme Court addressed the validity of Rule 8(4)(c) of the Delhi Sales Tax Rules, 1975, holding it ultra vires Section 4(2)(a)(v) of the Delhi Sales Tax Act, 1975. The Court established that the Sales Tax Department cannot refuse to issue sales tax forms to purchasing dealers based on their tax arrears, as this condition is not supported by the statutory provisions. Consequently, the Court quashed Rule 8(4)(c) and directed the issuance of the necessary forms to the appellants, thereby upholding their rights under the Act.

COMMNR.OF SALES TAX, DELHI &ORS vs M/S.SHRI KRISHNA ENGG. CO. · Niyam