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november 2007

Supreme Court of India · 2007-11-15

Commissioner Of Trade Tax, U.P vs Malviya Chemical And Pharmaceutical ...

Court
Supreme Court of India
Petitioner
Commissioner Of Trade Tax, U.P
Respondent
Malviya Chemical And Pharmaceutical ...
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 4-A of the Uttar Pradesh Trade Tax Act, 1948, in relation to the eligibility for tax exemption based on base production turnover. The Court held that the turnover for the entire assessment year must be considered for determining eligibility for exemption, affirming the Assessee's claim for exemption on the excess production over the base production of 172.8 MT. The judgment clarified that the interpretation by the revenue was inconsistent with the objectives of the Act, thus ruling in favor of the Assessee.

Commissioner Of Trade Tax, U.P vs Malviya Chemical And Pharmaceutical ... · Niyam