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

1989 Supreme(Cal) 393

B.C.CHAKRABARTI, L.N.RAY, P.C.BANERJEE
TATA IISCO DEALERS ASSOCIATION – Appellant
Versus
COMMISSIONER OF COMMERCIAL TAXES, WEST BENGAL – Respondent


Advocates Appeared:
Somen Bose and A. N. Mukherjee [in RN-125(T) and RN-370(T) of 1989], R. N. Bajoria, D. K. Dhar and S. K. Mukherjee [in RN-129(T) of 1989] and S. N. Bose and Mrs. Swapna Das [in RN-144(T) of 1989], for the petitioners.
D. Majumdar, State Representative, for the respondents.

JUDGMENT

L. N. RAY (Judicial Member). - The Constitutional validity of sub-clause (vd) of clause (a) of sub-section (2) of section 5 of the Bengal Finance (Sales Tax) Act, 1941 (hereinafter called "the BFST Act"), has been challenged in these three revision cases arising respectively out of matter Nos. 3481 and 4821 of 1988 of the original side, and C.O. No. 9312 (W) of 1986 of the appellate side of the High Court, Calcutta. These cases were received on transfer in accordance with section 15 of the West Bengal Taxation Tribunal Act, 1987. For the sake of brevity we shall hereinafter mention the Central Sales Tax Act, 1956, as "the CST Act", the Bengal Sales Tax Rules, 1941, as "BST Rules", and the Constitution of India as "the Constitution".

2. These three cases have been analogously heard, since the aforesaid common question falls for our determination in all these matters. In RN-125 (T) of 1989 and RN-370 (T) of 1989, the applicant No. 1, Tata Iisco Dealers' Association of Eastern India is a registered company which was established with the object of catering to the commercial needs of its members who are dealers in iron and steel. In RN-144 (T) of 1989, the applicant No. 1, is 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