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august 2011

Supreme Court of India · 2011-08-10

M/S.AGARWAL OIL REFINERY CORP. KANPUR vs THE COMMNR.OF TRADE TAX , U.P.,LUCKNOW

Citation / case number
SC 2006/363
Court
Supreme Court of India
Petitioner
M/S.AGARWAL OIL REFINERY CORP. KANPUR
Respondent
THE COMMNR.OF TRADE TAX , U.P.,LUCKNOW
Author
D.K. JAIN,ASOK KUMAR GANGULY, , ,
Bench
D.K. JAIN,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's decision under Section 11 of the U.P. Trade Tax Act, 1948, which overturned the Tribunal's ruling regarding the taxation of burnt mobil oil. The Court held that the High Court erred in classifying burnt mobil oil as 'old, discarded and unserviceable store' under Section 3-AAAA, emphasizing that the oil retains its character and should not be taxed as such. Consequently, the Supreme Court set aside the High Court's order, reinstating the Tribunal's decision in favor of the dealer.

M/S.AGARWAL OIL REFINERY CORP. KANPUR vs THE COMMNR.OF TRADE TAX , U.P.,LUCKNOW · Niyam