S.C.DHARMADHIKARI, B.P.COLABAWALLA
Johnson Matthey Chemicals India Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent
S.C. Dharmadhikari, J.
1. Rule in both Petitions. Respondents waive service. By consent, Rule is made returnable forthwith.
2. By these Writ Petitions, under Article 226 of the Constitution of India, the Petitioner seeks the following reliefs (WP/7400/2015):-
“(a) that this Hon'ble Court be pleased to declare that the impugned Trade Circular No. 2T of 2010 dated 11.01.2010 is without jurisdiction, and is ultra vires Section 6A of the Act and is of no effect and accordingly, set aside the same;
(b) that this Hon'ble Court be pleased to further declare that the circular no. 16T of 2007 dated 20.2.2007 read with Circular No. 5T of 2009 dated 29.1.2009 alone are legal, valid and correct;
(c) that this Hon'ble Court be pleased to declare that the Section 6A is inapplicable to interstate movement of final goods returned by a job workers to his customer, after job work.
(d) In the alternative and without prejudice to prayer (c) above, this Hon'ble Court be pleased to declare that Section 6A is ineffective, incomplete and inoperative is of no avail.
(e) that this Hon'ble Court be pl
Balabhagas Hulaschand vs. State of Orissa reported in (1976) 2 SCC 44
Ashok Leyland Ltd. v. State of Tamil Nadu (2004) 134 STC 473 (SC); (2004) 23 PHT 81 (SC)
Ambika Steels Limited vs. State of U. P. and Ors., (2008) 12 VST 216 (All)
Sales Tax Officer, Pilibhit vs. Budh Prakash Jai Prakash
Balabhagas Hulaschand vs. State of Orissa
Consolidated Coffee Ltd. and Anr. vs. Coffee Board, Bangalore
Tata Iron and Steel Co. Limited, Bombay vs. S.R. Sarkar and Ors.
The State of Bihar and Anr. vs. Tata Engineering and Locomotive Co. Ltd.
C.I.T., Bangalore vs. B.C. Srinivasa Setty
Tata Sky Limited vs. State of Madhya Pradesh and Ors.
A.C.P.L. Jewels Private Ltd. vs. Union of India and Ors.
Hindustan Shipyard Ltd. vs. State of A. P.
Sentinel Rolling Shutters and engineering Company Pvt. Ltd. vs. The Commissioner of Sales Tax
Union of India vs. The Central India Machinery Manufacturing Company Ltd. and Ors.
The South India Metal Works and Rolling Mills vs. The State of Madras
Vishweshwardass Gokuldass vs. The Government of Madras
M/s. Vishnu Agencies Pvt. Ltd. vs. Commercial Tax Officer and Ors.
Dhampur Sugar Mills Ltd. vs. Commissioner of Trade Tax, U. P.
State of Tamil Nadu vs. T. M. T. Drill (Private) Ltd.
Cheerans Auto Agencies vs. State of Kerala
C. Mohammedali vs. State of Kerala
Sale Tax Commissioner, U. P. vs. Ram Kumar Agarwal
M. Jaihind vs. State of Kerala
Commercial Taxes Officer vs. Ceat Tyres of India
Moriroku UT India (P) Limited vs. State of Uttar Pradesh and Ors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.