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november 2006

Supreme Court of India · 2006-11-27

INDIAN OIL CORPORATION LTD. vs STATE OF ASSAM .

Citation / case number
SC 2001/14906
Court
Supreme Court of India
Petitioner
INDIAN OIL CORPORATION LTD.
Respondent
STATE OF ASSAM .
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. (IOC) on petroleum products does not form part of the taxable turnover under the Assam General Sales Tax Act, 1993, specifically under Section 8(1)(a) and Rule 12 of the Assam General Sales Tax Rules, 1993. The Court emphasized that the surcharge is merely a pass-through amount to the 'Oil Pool Account' and does not constitute a sale price. Consequently, the High Court's decision was set aside, affirming IOC's position regarding the non-inclusion of surcharge in taxable turnover.

INDIAN OIL CORPORATION LTD. vs STATE OF ASSAM . · Niyam