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april 2010

Supreme Court of India · 2010-04-16

M/S. Jai Vijai Metal Udyog Pvt. Ltd vs Commissioner, Trade Tax, U.P. Lucknow

Court
Supreme Court of India
Petitioner
M/S. Jai Vijai Metal Udyog Pvt. Ltd
Respondent
Commissioner, Trade Tax, U.P. Lucknow
Bench
T.S. Thakur, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the High Court's decision allowing the Revision Petitions filed by the Commissioner under the U.P. Trade Tax Act, 1948, specifically referencing Section 21 and Section 3A(1)(c). The Court established that 'properzi' rods, classified as a 'rolled product', do not fall under the definition of primary metal as per Entry 24 of the U.P. Act and are thus liable to be taxed at a higher rate of 10%. The Court affirmed the additional demand raised against the Dealer, confirming the re-assessment was valid.

M/S. Jai Vijai Metal Udyog Pvt. Ltd vs Commissioner, Trade Tax, U.P. Lucknow · Niyam