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october 2013

Supreme Court of India · 2013-10-18

STATE OF U.P. vs JAI PRAKASH ASSOCIATES LTD.

Citation / case number
SC 2004/6971
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
JAI PRAKASH ASSOCIATES LTD.
Author
SUDHANSU JYOTI MUKHOPADHAYA H.L. DATTU
Bench
SUDHANSU JYOTI MUKHOPADHAYA H.L. DATTU

Judgment text excerpt

The Supreme Court examined whether the Uttar Pradesh government's notification granting tax rebates under Section 5 of the Uttar Pradesh Trade Tax Act, 1948, discriminated against goods manufactured outside the state, violating Articles 301 and 304(a) of the Constitution. The Court held that the notification's provisions, which favored local manufacturers using fly-ash, did not constitute discrimination as they aimed to promote environmental sustainability. The appeals were dismissed, affirming the validity of the notification and the government's intent to encourage the use of fly-ash in cement production.

STATE OF U.P. vs JAI PRAKASH ASSOCIATES LTD. · Niyam