Supreme Court · 2003 INSC 150 · Decided 5 March 2003

State of West Bengal and ANR. v. E.I.T.A. India LTD. and ORS.

Court
Supreme Court of India
Citation
2003 INSC 150 · [2003] 2 S.C.R. 668
Case number
CIVIL APPEAL No. 8182/1995
Decided
5 March 2003
Bench
S.S.M. QUADRI, ASHOK BHAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act Section 4; Constitution Article 366(29A), 366

Headnote

West Bengal Sales Tax Act, 1994/West Bengal Sales Tax Rules, 1995- Sections 2(6), 11 (I) Explanation thereto, (5), (7), (8), (10), (11) and (I 2), C 14(4)/ Rules 173, 174, 188 and 189-Casual traders-Liability to pay tax on sale and purchase-Transporter and owner/lessee of warehouse deemed as the Act, unless contra is proved-Constitutionality of the provisions challenged-Tax Tribunal held Section 2(6) as valid, but in view of lack of machinary provision suspended the same-All other provisions held unconstitutional-provisions D held to be beyond legislative colnpetence of the State-Plea

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