Supreme Court of India · 2011-03-29
ASSISTANT COMMERCIAL TAXES OFFICER vs M/S MAKKAD PLASTIC AGENCIES
- Citation / case number
- SC 2010/34628
- Court
- Supreme Court of India
- Petitioner
- ASSISTANT COMMERCIAL TAXES OFFICER
- Respondent
- M/S MAKKAD PLASTIC AGENCIES
- Author
- MUKUNDAKAM SHARMA
- Bench
- MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,
Judgment text excerpt
The Supreme Court upheld the Rajasthan Taxation Board's order under Section 29(7) of the Rajasthan Sales Tax Act, 1994, which determined that 'thermo ware' and 'vacuum ware' are distinct from plastic goods, warranting a sales tax rate of 10% instead of 8%. The Court affirmed that the Taxation Board's findings were reasonable and that the imposition of penalty was unjustified due to lack of evidence of mala fide intention for tax evasion by the assessee-respondent. Consequently, the appeal was dismissed, maintaining the Taxation Board's decision.