Supreme Court · 2006 INSC 914 · Decided 27 November 2006

Indian Oil Corporation LTD. v. State of Assam and ORS.

Court
Supreme Court of India
Citation
2006 INSC 914 · [2006] SUPP. 9 S.C.R. 712
Case number
CIVIL APPEAL No. 6619/2001
Decided
27 November 2006
Bench
ASHOK BHAN, ALTAMAS KABIR, DALVEER BHANDARI (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Companies Act

Headnote

Sales Tax: Assam General Sales Tax Act, 1993-Explns. I & If to s.8(1) rlw Rule C 12 of the Assam General Sales Tax Rules, 1993-Appellant-company, registered dealer under the Act, purchased petroleum products from a Refinery & Petrochemicals company (BRPL) on payment of sales tax and liability of Appellant to pay sales tax-Held: Re-sale by appellant was to be D treated as first sale within the meaning of the Act r!w the Rules since the re­ sale price exceeded purchase price by more than 40'Ya-However, as Appellant had paid sales tax on purchase from BRPL, sales tax

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