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january 2014

Supreme Court of India · 2014-01-23

M/S.MAMTA SURGICAL COTTON INDUSTRIES vs ASSTT. COMMNR.(ANTI-EVASION), BHILWARA

Citation / case number
SC 2003/10103
Court
Supreme Court of India
Petitioner
M/S.MAMTA SURGICAL COTTON INDUSTRIES
Respondent
ASSTT. COMMNR.(ANTI-EVASION), BHILWARA
Author
S.A. BOBDE H.L. DATTU
Bench
S.A. BOBDE H.L. DATTU

Judgment text excerpt

The Supreme Court upheld the Rajasthan Tax Board's decision that 'surgical cotton' is a distinct commercial commodity from 'cotton' under the Rajasthan Sales Tax Act, 1994. The Court clarified that the process of transforming cotton into surgical cotton constitutes 'manufacture' as defined in the Act, thus making it liable for separate taxation at 4%. The Court affirmed the Board's ruling, rejecting the appellant's claim that surgical cotton is merely another form of cotton.

M/S.MAMTA SURGICAL COTTON INDUSTRIES vs ASSTT. COMMNR.(ANTI-EVASION), BHILWARA · Niyam