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may 2007

Supreme Court of India · 2007-05-15

M/S. Noorie Manure Mill, Sambhal vs Commissioner, Trade Tax, U.P

Citation / case number
AIR 2007 SC (SUPP) 844
Court
Supreme Court of India
Petitioner
M/S. Noorie Manure Mill, Sambhal
Respondent
Commissioner, Trade Tax, U.P
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court ruled that 'horn' and 'hoof' do not fall under the definition of 'bone' for tax purposes under the U.P. Trade Tax Act. The Court clarified that crushed bones, when sold as fertilizer, may not be subject to trade tax based on prior notifications and the common law identity of the commodities. The judgment emphasized the need for expert opinion to determine the utility of crushed bones versus other products, leaving the question of tax liability open for future cases.

M/S. Noorie Manure Mill, Sambhal vs Commissioner, Trade Tax, U.P · Niyam