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november 2006

Supreme Court of India · 2006-11-27

Indian Oil Corporation Ltd vs State Of Assam & Others

Court
Supreme Court of India
Petitioner
Indian Oil Corporation Ltd
Respondent
State Of Assam & Others
Author
Dalveer Bhandari
Bench
Ashok Bhan, Altamas Kabir, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the surcharge collected by Indian Oil Corporation Ltd. for petroleum products does not form part of the taxable turnover under Section 8 of the Assam General Sales Tax Act, 1993. The Court clarified that the surcharge, which is remitted to the 'Oil Pool Account', is not part of the dealer's income and thus should not be taxed. The appeal was allowed, overturning the High Court's decision that included the surcharge in the taxable turnover.

Indian Oil Corporation Ltd vs State Of Assam & Others · Niyam