D.P.MADAN, V.D.TULZAPURKAR, A.N.SEN
State Of Orissa – Appellant
Versus
Titaghvr Paper Mills Company LTD. : Mangalji Mulji Khara – Respondent
Judgment
D. P. MADON, J.:- These two appeals by Special Leave granted by this Court are against the judgment and order of the Orissa High Court allowing 209 writ petitions under Art. 226 of the Constitution of India filed before it.
Genesis of the Appeals
2. On May 23, 1977, the Government of Orissa in the Finance Department issued two Notifications under the Orissa Sales Tax Act, 1947 (Orissa Act XIV of 1947). We will hereinafter for the sake of brevity refer to this Act as "the Orissa Act". These Notifications were Notifications S.R.O. No. 372/77 and Notifications S.R.O. No. 373/77. Notification S.R.O. No. 372/77 was made in exercise of the powers conferred by S. 3-B of the Orissa Act and Notification S.R.O. No. 373/77 was made in exercise of the powers conferred by the first proviso to sub-s. (1) of S. 5 of the Orissa Act. We will refer to these Notifications in detail in the course of this judgment but for the present suffice it to say that Notification S.R.O. No. 372/77 amended Notification No. 20209-CTA-14/76-F dated April 23,1976, and made bamboos agreed to be severed and standing trees agreed to be severed liable to tax on the turnover of purchase with effect from June 1, 1977
Board of Revenue v. A.M. Ansari
relied on : CST, M.P. v. Purshottam Premji
approved : Mohanlal Vishram v. CST
overruled : State of Orissa v. Rajani Timber Traders
Krupasindhu Sahu and Sons v. State of Orissa
relied on : Tungabhadra Industries Ltd, Kurnool v. CTO
State of Gujarat v. Sakarwala Bros
distinguished : Shaw Bros. and Co. v. State of W.B
Bachha Tewari v. Divisional Forest Officer, West. Midnapore Division
Union of India v. K.S. Subramanian
Ganesh Trading Co., Karnal v. State of Haryana
criticised : State of M.P. v. Orient Paper Mills Ltd
overruled : Firm Chhotabhai Jethabai Patel and Co. v. State of M.P
State of M.P. v. Orient Paper Mills Ltd
Orient Paper Mills Ltd. v. State of M.P
referred to : Titaghur Paper Mills Company Ltd. v. State of Orissa
State of Madras v. Gannon Dunkerley
Straw Products Ltd. v. State of Orissa
relied on : S.T.O. v. M/s Budh Prakash Jai Prakash
Bhopal Sugar Industries Ltd, MP. v. D.P. Dube, S.T.O., Bhopal Region, Bhopal
K.L. Johar and Company v. Deputy C.T.O
Joint C.T.O, Harbour Die. II, Madras v. Young Mens Indian Association (Regd.), Madras
State of Maharashtra v. Champalal Kishanlal Mohta
overruled : Firm Chhotabhai Jethabhai Patel and Co. v. State of M.P
State of M.P. v. Orient Paper Mills Ltd
Orient Paper Mills Ltd. v. State of M.P
Smt. Shantahai v. State of Bombay
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