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august 2006

Supreme Court of India · 2006-08-01

TATA CUMMINS LTD. vs STATE OF JHARKHAND .

Citation / case number
SC 2005/17992
Court
Supreme Court of India
Petitioner
TATA CUMMINS LTD.
Respondent
STATE OF JHARKHAND .
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU ASHOK BHAN

Judgment text excerpt

The Supreme Court upheld the dismissal of the writ petition filed by Tata Cummins Ltd. seeking a declaration for set-off of Sales Tax under the Jharkhand Industrial Policy, 2001. The Court noted that the policy did not provide for sales tax exemption but allowed for set-off, which the petitioner sought from 1.1.2004. The Court emphasized that the benefit of set-off was applicable only to new and existing industrial units as per the notifications issued under Section 22 of the Bihar Finance Act, 1981, and affirmed the High Court's decision as consistent with the statutory provisions.

TATA CUMMINS LTD. vs STATE OF JHARKHAND . · Niyam