D. G. PALEKAR, G. K. MITTER, I. D. DUA, J. M. SHELAT, S. C. ROY, S. M. SIKRI, A. N. RAY
Salar Jung Sugar Mills LTD. – Appellant
Versus
State Of Mysore – Respondent
Judgment
RAY, J.:- These appeals are by certificate against the judgment and order dated 16 April, 1968 of the High Court of Mysore dismissing the applications of the appellants under Article 226 of the Constitution for writs, orders and directions prohibiting the respondent-State of Mysore and the Commissioner for Commercial Taxes at Bangalore from levying or taking proceedings to levy any purchase tax on purchase of sugarcane from the grower or from collecting or taking any proceedings for recovery of any such tax with or without penalty from the appellants. The appellants also asked for orders, writs and directions for refund of several sums of money collected as and for purchase tax.
2. The appellants are the India Sugars and Refineries Ltd. and the Salar Jung Sugar Mills Ltd. The India Sugars and Refineries Ltd. is situated at Hospet in Bellary District in Mysore and the Salar Jung Sugar Mills Ltd. is situated at Munirabad in Raichur District in Mysore.
3. The appellant, the Indian Sugars and Refineries Ltd. in four applications now Civil Appeals No. 2015, 2016, 2017 and 2014 of 1968 impeached the demand & collection made against the appellant for large sums of money as and for p
referred : Diamond Sugar Mills V. State of U P
Chitter Mal Narain Das v.Commr of State Sales-tax
explained : State of Madras v. Gannon Dunkerlay and CO
Tata Iron and Steel Co Ltd v. State of Bihar
distinguished : New India Sugar Mills v. Commr of Sales-tax Bihar
relied upon : Indian Steel and Wire Products Ltd v. State of Madras
Andhra Suagar Ltd v. State of A P
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