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october 2016

Supreme Court of India · 2016-10-28

Commr.Of Commercial Tax & Ors vs M/S Bajaj Auto Ltd.& Anr

Citation / case number
AIR 2016 SUPREME COURT 5014
Court
Supreme Court of India
Petitioner
Commr.Of Commercial Tax & Ors
Respondent
M/S Bajaj Auto Ltd.& Anr
Author
R.K. Agrawal
Bench
R.K. Agrawal, Shiva Kirti Singh

Judgment text excerpt

The Supreme Court addressed the legality of the High Court's judgment regarding the computation of surcharge under the Orissa Sales Tax Act, 1947 (OST Act) and the Orissa Entry Tax Act, 1999 (OET Act). The Court held that the provisions of the OET Act do not alter the computation method prescribed in Section 5A of the OST Act, affirming that the surcharge must be calculated on the total sales tax liability without deductions for entry tax. The Court upheld the High Court's decision, thereby allowing the respondents' petitions against the surcharge demand.

Commr.Of Commercial Tax & Ors vs M/S Bajaj Auto Ltd.& Anr · Niyam