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november 2007

Supreme Court of India · 2007-11-15

COMMISSIONER OF TRADE TAX, U.P.. vs M/S.M.CHEMICALS & P.PVT.LTD.GHAZIABAD

Citation / case number
SC 2006/2457
Court
Supreme Court of India
Petitioner
COMMISSIONER OF TRADE TAX, U.P..
Respondent
M/S.M.CHEMICALS & P.PVT.LTD.GHAZIABAD
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

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 production turnover. The Court held that the turnover for base production must be considered for the entire assessment year, affirming the High Court's decision that the assessee was entitled to exemption on the excess production over the base limit. The ruling clarified the application of the Notification No. 1093 dated 27.07.1991 and upheld the assessee's claim for exemption based on the total production exceeding the base production threshold.

COMMISSIONER OF TRADE TAX, U.P.. vs M/S.M.CHEMICALS & P.PVT.LTD.GHAZIABAD · Niyam