Supreme Court · 2006 INSC 462 · Decided 24 July 2006

State of Rajasthan and ANR. v. Rajasthan Chemist Association

Court
Supreme Court of India
Citation
2006 INSC 462 · [2006] SUPP. 4 S.C.R. 1
Case number
CIVIL APPEAL No. 3552/2005
Decided
24 July 2006
Bench
ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution

Headnote

B Sales Tax: Rajasthan Sales Tax Act, 1994-Sections 4A, 4, 2(44) and (42)-S.4A C envisaged levy of sale tax on first point sale of notified drugs, medicines and formulations by wholesaler/distributor/manufacturer to retailer on the premise of subsequent sale by the retailer i.e. based upon the MRP is to be applied must have a nexus to the taxable event and not divorced from it-If price is to be the basis for measuring tax, it must relate to the actual sale transaction D and not a transaction that may take place in future-If S. 4-A is designed to bring a levy into existence which is

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