SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2007 Supreme(SC) 1031

ARIJIT PASAYAT, D.K.JAIN
Trutuf Safety Glass Industries – Appellant
Versus
Commissioner of Sales Tax, U. P. – Respondent


Counsel for the Parties :
For the Appellant :Dhruv Aggarwal, Praveen Kumar, Advocates.
For the Respondent:Shail Kumar Dwivedi, Arvind Varma, Kamlendra Mishra, Advocates.

JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment of a learned Single Judge of the Allahabad High Court allowing the revision filed under the U.P. Sales Tax Act, 1948 (in short the ‘Act’). It was held by the impugned order that the articles manufactured by the appellant i.e. toughened safety glass including wind screen, door screen, side screen and back screens were taxable as these articles did not constitute “glass” or “glassware” within the meaning of the Notification under Section 4-B of the Act. Accordingly, the order passed by the Sales Tax Tribunal, Ghaziabad (in short the ‘Tribunal’) was set aside.

3.Background facts in a nutshell are as follows :

“Appellant (hereinafter referred to as the ‘assessee’) filean application for grant of recognition certificate under Section 4-B of the Act in respect of notified goods mentioned in Annexure-III of the Notification No.7551 dated 31st December, 1976. By order dated 22.12.1987 the Assessing Authority granted recognition certificate in regard to “Automobile Safety Toughened Glass” whereby the assessee was authorized to purchase raw materials and packing materials at the concessional rate of t



























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top