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august 2006

Supreme Court of India · 2006-08-01

M/S. SONEBHADRA FUELS vs COMMNR, TARDE TAX

Citation / case number
SC 2004/15835
Court
Supreme Court of India
Petitioner
M/S. SONEBHADRA FUELS
Respondent
COMMNR, TARDE TAX
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU ASHOK BHAN

Judgment text excerpt

The Supreme Court upheld the decision of the Allahabad High Court, affirming that coal briquettes, produced from coal dust, constitute a different commercial commodity from coal and are thus subject to sales tax under the U.P. Trade Tax Act. The Court interpreted Section 2(e-1) of the U.P. Trade Tax Act, which defines 'manufacture' broadly, including processing and adapting goods, thereby establishing that the transformation of coal dust into briquettes qualifies as manufacturing. Consequently, the appeal for exemption from sales tax was dismissed.

M/S. SONEBHADRA FUELS vs COMMNR, TARDE TAX · Niyam