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november 2005

Supreme Court of India · 2005-11-08

PONNI SUGARS (ERODE) LTD. vs DY.COMMERCIAL TAX OFFICER,T. NADU

Citation / case number
SC 2000/2678
Court
Supreme Court of India
Petitioner
PONNI SUGARS (ERODE) LTD.
Respondent
DY.COMMERCIAL TAX OFFICER,T. NADU
Author
RUMA PAL
Bench
RUMA PAL & H.K. SEMA

Judgment text excerpt

The Supreme Court addressed the issue of whether transport charges incurred by a sugar mill for transporting sugarcane from growers to the mill are excludible from taxable turnover under the Tamil Nadu General Sales Tax Act, 1959. The Court held that such transport charges form part of the taxable turnover, affirming the decisions of the Deputy Commercial Tax Officer and the Taxation Special Tribunal, which followed precedent set in Chengalvarayan Co-operative Sugar Mills Ltd. v. State of Tamil Nadu. The Court clarified that the sale is considered complete upon delivery of sugarcane, but transport charges are still taxable as they are part of the overall transaction costs.

PONNI SUGARS (ERODE) LTD. vs DY.COMMERCIAL TAX OFFICER,T. NADU · Niyam