Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2010

Supreme Court of India · 2010-03-25

SUPREME PAPER MILLS LTD. vs ASST.COMMNR.COMMERCIALTAXES CALCUTTA&ORS

Citation / case number
SC 2002/16959
Court
Supreme Court of India
Petitioner
SUPREME PAPER MILLS LTD.
Respondent
ASST.COMMNR.COMMERCIALTAXES CALCUTTA&ORS
Author
Mukundakam Sharma

Judgment text excerpt

The Supreme Court held that the show cause notice issued under the Bengal Finance (Sales Tax) Act, 1941 was illegal as it failed to provide the mandatory 15-day period for response and did not disclose the materials justifying its issuance, violating Section 11E(2) of the Act. The Court emphasized that procedural fairness must be adhered to in tax assessments, and the absence of necessary information rendered the notice invalid. Consequently, the Court set aside the High Court's dismissal of the writ petition challenging the notice, thereby favoring the appellant.

SUPREME PAPER MILLS LTD. vs ASST.COMMNR.COMMERCIALTAXES CALCUTTA&ORS · Niyam