Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2006

Supreme Court of India · 2006-05-12

DHAMPUR SUGAR MILLS LTD. vs COMMISSIONER OF TRADE TAX, U.P.

Citation / case number
SC 2004/24814
Court
Supreme Court of India
Petitioner
DHAMPUR SUGAR MILLS LTD.
Respondent
COMMISSIONER OF TRADE TAX, U.P.
Author
P.K. BALASUBRAMANYAN S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

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 of the High Court was upheld, confirming that the transaction was not taxable under the Act.

DHAMPUR SUGAR MILLS LTD. vs COMMISSIONER OF TRADE TAX, U.P. · Niyam