Supreme Court · 1979 INSC 225 · Decided 30 October 1979

Cement Marketing CO. of India LTD. v. ASSTT. Commissioner of Sales-Tax, Indore &ORS.

Court
Supreme Court of India
Citation
1979 INSC 225 · [1980] 1 S.C.R. 1098
Case number
CIVIL APPEAL No. 191/1978
Decided
30 October 1979
Bench
P.N. BHAGWATI, R.S. PATHAK (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil

Headnote

c D E F G B 1098 CEMENT MARKE'IJNG CO. OF INDIA LTD. v. .. ASSTT. COMMISSIONER OF SALES-TAX, INDORE &ORS. October 30, 1979 [P. N. BHAGWATI. AND R. S. PATHAK, JJ..] Mad/1ya Pradesh General Sales Tax Act 1958, Sl(o) &: Central Sales Tax Act 1956 S2(h)-'Sale Price'-Sa/e of cement under Cement Tax Act 1956, S9(2)-'false' return-Bona fide belief of assessee that the amount of 'freight' did not form part of the 'sale price' and not includible in the taxable turnover-penalty whether leviable. The assessee (appellant) effected certain transactions of sale of cement in accordance with

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