S.RANGANATHAN, SABYASACHI MUKHARJEE
Goodyear India LTD. : Goodyear India LTD. : Gedore India Private LTD. : State Of Haryana: State Of Haryana: Kelvinator Of India LTD. : Food Corporation Of India: Food Corporation Of India, Karnal: State Of Haryana: Wipro Products LTD. : Hindusta – Appellant
Versus
State Of Haryana: State Of Haryana: State Of Haryana: Gedore Tools Private LTD. : Goodyear India LTD. : State Of Haryana: State Of Haryana: State Of Haryana: Goodyear India LTD. : State Of Maharashtra: State Of Maharashtra – Respondent
Judgment
SABYASACHI MUKHARJI, J.:- Except Civil Appeals Nos. 41620-63 of 1988, in these appeals along with the special leave petitions and the writ petition, we are concerned with Sections 9(1) and 24(3) as well as the penalty proceedings initiated under Section 50 of the Haryana General Sales Tax Act, 1974 (hereinafter referred to as the Act). So far as Civil Appeals Nos. 4162-63 of the 1988 are concerned, these involve the scope, effect and validity of Section 13AA of the Bombay Sales Tax Act, 1959 (hereinafter referred to as the Bombay Act) as introduced by the Maharashtra Act No. XXVIII of 1982. It will, therefore, be desirable first to deal with the question of the Act, and then with the provisions of the Bombay Act as mentioned hereinbefore.
2. The appellant/ petitioner - Goodyear India Ltd., was engaged at all relevant times, inter alia, in the manufacture and sale of automobile tyres and tubes. It manufactured the said tyres and tubes at its factory at Ballabhagarh in the district of Faridabad in the State of Haryana. For the said manufacturing activity the appellant had, from time to time to purchase various kinds of raw materials both within the State and outside the State.
relied on : Andhra Sugars Ltd. v. State of A.P.
Tata Iron and Steel Co. Ltd. v. State of Bihar
distinguished : Rajput Ruda Maha v. State of Gujarat
followed : Prithvi Cotton Mills Ltd. v. Broach Borough Municipality
CST v. Thomas Stephen and Co. Ltd.
distinguished : State of T.N. v. M.K. Kandaswami
Bata India Ltd. v. State of Haryana
referred to : Khyerbari Tea Co. Ltd. v. State of Assam
Waverly Jute Mills Co. Ltd. v. Raymon and Co. (I) Pvt. Ltd.
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