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may 2006

Supreme Court of India · 2006-05-12

Dhampur Sugar Mills Ltd vs Commissioner Of Trade Tax, U.P

Court
Supreme Court of India
Petitioner
Dhampur Sugar Mills Ltd
Respondent
Commissioner Of Trade Tax, U.P
Author
S.B. Sinha
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court addressed whether the adjustment of molasses price against the licence fee constitutes a sale under the Uttar Pradesh Trade Tax Act, 1948. The Court held that such an arrangement does not amount to a sale but rather a barter or exchange, thus not attracting trade tax. The judgment affirmed the lower court's decision that the transaction was not taxable under the Act, maintaining the principle that the nature of the transaction determines tax liability.

Dhampur Sugar Mills Ltd vs Commissioner Of Trade Tax, U.P · Niyam