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.