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1996 Supreme(SC) 2040

SUHAS C.SEN, B.P.JEEVAN REDDY
Shree Mahavir Oil Mills – Appellant
Versus
State Of J & K – Respondent


JUDGMENT

B.P. Jeevan Reddy, J.-Leave granted.

2. The State of Jammu & Kashmir seeks to encourage and promote the industrialisation of the State - like every other State in the country. Edible oil industry is one such. Because of certain inherent problems, the cost of production of edible oil in Jammu & Kashmir is said to be higher than the cost of production of similar edible oil in the adjoining States with the result that the manufacturers of edible oil in the adjoining States are able to sell their products in Jammu & Kashmir at a price lower than the price at which the local manufacturers are able to sell. This is said to have created a situation where the local industries faced the prospect of closure; at any rate, they were not able to compete with the out-State manufacturers. They approached their government, which is seeking to protect their interest by inter alia exempting them totally from the levy of sales tax on the sale of their products. That has given rise to the writ petition from which the present appeal arises. On the Jammu & Kashmir High Court dismissing the writ petition, they have approached this Court.

3. The Jammu & Kashmir Sales Tax Act contains four Schedules.






































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