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1998 Supreme(SC) 824

B.N.KIRPAL, S.P.BHARUCHA, G.T.NANAVATI
Texmaco LTD. – Appellant
Versus
State Of A. P. – Respondent


(1) IN the case of Indian Cement v. State of A.P. concessions were given to manufacturers of cement within the State of Andhra Pradesh. The rate of sales tax in respect of sales made by cement manufacturers in the State to manufacturers of cement products also in the State was reduced. The validity of the notifications concerned was challenged by cement-manufacturing units that were not entitled to the concessions. The notifications issued under the Central Sales Tax Act, 1956 and the Andhra Pradesh General Sales Tax Act, 1957, were quashed on the basis that they impeded the free flow of trade between States. The order that this court passed read: In view of what we have indicated above, the writ petition has to succeed and the two impugned notifications of the Andhra Pradesh Government and the impugned notification of the Karnataka government are quashed. The writ petition is accordingly allowed with costs. Hearing fee is assessed at Rs 5,000.00 and this shall be shared equally by the States of Andhra Pradesh and Karnataka."

(2) PURSUANT to the said order, proceedings were commenced in the State to recover the amounts of the sales tax which would have been paid but





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