Supreme Court · 1971 INSC 208 · Decided 18 August 1971

Indian Carbon LTD. v. Superintendent of Taxes, Gauhati & ORS.

Court
Supreme Court of India
Citation
1971 INSC 208 · [1972] 1 S.C.R. 316
Case number
CIVIL APPEAL No. 1612/1968
Decided
18 August 1971
Bench
K.S. HEGDE, A.N. GROVER (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226; Companies Act

Headnote

Assam Sales Tax Act, 1947, Sch. 3 as amended by Assam Act 14 of 1964--Central Sales Tax Act, 1956, "" 14(1) and IS-Petroleum 1&middot;oke, if 'declared goods'. The appCUant was carrying on the hl1sincss of sale and purchase of petroleum co1<e. By the Amending Act (Assam) 14 of 1964 Under the Act the rate chargeable was 5%. The appellant however contended that under s. 14 of the Central Sales Tax Act, 1956, coal, including coke in all. its forms, was one of the 'declared goods' and that under s. 15 as it stood at the relevant time, the tax leviable could not exceed 2%..

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