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2019 Supreme(SC) 729

RANJAN GOGOI, S. ABDUL NAZEER, SANJIV KHANNA
STATE OF MADHYA PRADESH – Appellant
Versus
LAFARGE DEALERS ASSOCIATION – Respondent


Advocates Appeared:
For Petitioner(s) Ms. Manjeet Kirpal, AOR Mrs. Bina Gupta, AOR M/s. Corporate Law Group, AOR Mr. Rahul Kaushik, AOR Mr. Sunny Choudhary, AOR Mr. Aditya Ranjan, AOR
For Respondent(s): Mr. B. S. Banthia, AOR Mrs. Swarupama Chaturvedi, AOR Mr. Harsh Parashar, AOR Mr. Akshat Shrivastava, AOR Mr. Nishanth Patil, AOR Mr. Chirag Jain, Adv.

JUDGMENT

SANJIV KHANNA, J.

Leave granted in all the special leave petitions.

2. This judgment would dispose of the afore-captioned appeals which relate to the legal effect of bifurcation of the State of Madhya Pradesh into the successor State of Madhya Pradesh and the State of Chhattisgarh by the Madhya Pradesh Reorganisation Act, 2000 (“Reorganisation Act”, for short) on exemption or benefit of deferment of sales tax granted under the Madhya Pradesh Commercial Tax Act, 1994 read with the applicable rules. The question to be answered is whether the industrial unit in the reorganised State of Madhya Pradesh and under the new State of Chhattisgarh would continue to avail the benefit of such exemption or deferment even after the bifurcation in both the states, irrespective of the location of the industrial unit which would be in one of the two states.

3. Civil Appeal Nos. 460, 461, 7073 of 2005 and 2343 of 2007 arise from the judgments of the Division Bench of the Madhya Pradesh High Court, Jabalpur Bench, upholding judgment of the learned Single Judge dismissing the Writ Petition by the manufacturer/dealer of cement inter-alia recording that on enforcement of the Reorganisation Act,
















































































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