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march 2009

Supreme Court of India · 2009-03-05

M/S Sony India Pvt.Ltd vs Commercial Tax Officer & Anr

Court
Supreme Court of India
Petitioner
M/S Sony India Pvt.Ltd
Respondent
Commercial Tax Officer & Anr
Bench
H.L. Dattu, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the issue of tax rates applicable to imported and locally manufactured goods under the relevant tax statutes. It emphasized that the factual foundation for tax entries must be established, specifically referencing the First Schedule of the Act which delineates tax rates for various goods, including audio and video equipment and imported items. The Court held that the assessee's failure to exhaust statutory remedies before the Tribunal precluded further adjudication of their claims regarding discriminatory tax treatment, thereby upholding the assessment orders against the assessee.

M/S Sony India Pvt.Ltd vs Commercial Tax Officer & Anr · Niyam