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september 2010

Supreme Court of India · 2010-09-10

COMMISSIONER OF SALES TAX U.P., LUCKNOW vs M/S. SANJIV FABRICS

Citation / case number
SC 2004/5092
Court
Supreme Court of India
Petitioner
COMMISSIONER OF SALES TAX U.P., LUCKNOW
Respondent
M/S. SANJIV FABRICS
Author
D.K. JAIN
Bench
D.K. JAIN,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court addressed the appeals concerning the imposition of penalties under Section 10(b) read with Section 10A of the Central Sales Tax Act, 1956. The Court held that the dealer's use of Form 'C' for purchasing cotton waste, which was not covered by their registration, constituted a false representation. The Court affirmed the penalties imposed by the Assessing Authority, emphasizing that the distinction between cotton and cotton waste was significant for tax purposes, thus upholding the Tribunal's decision in part and reversing it in part.

COMMISSIONER OF SALES TAX U.P., LUCKNOW vs M/S. SANJIV FABRICS · Niyam