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.