Supreme Court · 1967 INSC 279 · Decided 28 November 1967

Tirumala Venkateswara Timber and Bamboo Firm v. Commercial Tax Officer, Rajahmundry

Court
Supreme Court of India
Citation
1967 INSC 279 · [1968] 2 S.C.R. 476
Case number
CIVIL APPEAL No. 2176/1966
Decided
28 November 1967
Bench
J.C. SHAH, V. RAMASWAMI, VISHISHTHA BHARGAVA (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 14, 226

Headnote

Andhra Pradesh General Sales Tax Act 6 of 1957, Explanation III to s. 2(1) (n)-Whetlzer ultra vires-Whether enlarges scope of 'safe' to in­ clude transactions which are not sales-Whether discriminato_r;y. The appellant firm carried on business in Andhra Pradesh and was registerecl as a dealer In its return for the assessment year 1962-63 the firm claimed exemption of certain turnover on the ground that it had sent the goods to its commission agents and under the contract of agency the commission agents were empowered to pay sales-tax and had paid the same directly to the Sales Tax

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