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october 2009

Supreme Court of India · 2009-10-20

M/S. Indodan Industries Ltd vs State Of U.P. & Ors

Citation / case number
AIRONLINE 2009 SC 266
Court
Supreme Court of India
Petitioner
M/S. Indodan Industries Ltd
Respondent
State Of U.P. & Ors
Bench
Aftab Alam, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the retrospective applicability of sub-Section (2B) of Section 9 of the Central Sales Tax Act, 1956, inserted by the Finance Act, 2000, and the validity of Section 120 of the Finance Act, 2000. The Court held that sub-Section (2B) does not operate retrospectively to cover assessment years prior to its enactment, thus invalidating the retrospective effect claimed by Section 120. Consequently, the appeals were allowed, and the provisions for interest on delayed payment were deemed not applicable to the specified assessment years.

M/S. Indodan Industries Ltd vs State Of U.P. & Ors · Niyam