Supreme Court · 2000 INSC 437 · Decided 7 September 2000

State of Haryana v. M/S Maruti Udyog LTD. and ORS.

Court
Supreme Court of India
Citation
2000 INSC 437 · [2000] SUPP. 3 S.C.R. 185
Case number
CIVIL APPEAL No. 4938/2000
Decided
7 September 2000
Bench
K.T. THOMAS, R.P. SETHI (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 226

Headnote

B Sales Tax : Haryana General Sales Tax Act, 1973-Section 39; Sub-section (5); proviso--"Unable to pay the whole of the amount"-Ambit and scope of- C Held, inability to pay refers to paying capacity of person concerned and not his legal or actual liability to pay the amount demanded Act, 1956. Sales Tax D Commissioner, after serving a notice on the company, suo motu revised assessments done under both the Acts, enhancing gross turnover of the company by adding excise duty to the turnover disclosed in returns filed and disallowing part of the amount of rebate allowed by the

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