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1967 Supreme(Mad) 160

N.KRISHNASWAMY REDDY, K.VEERASWAMI
Messrs. Larsen and Toubro Ltd. , Madras-2 – Appellant
Versus
The Joint Commercial Tax Officer, Mount Road, II Division, Madras-2 – Respondent


Advocates:
V.K. Thiruvenkatachari, for Subbaraya Ayyar, Sethuraman and Padmanabhan, for Petitioner in W.P. Nos. 2441 to 2444 of 1965, T. C. Nos. 99, 248, 284 of 1964 and for Respondent in T. C. No. 145 of 1964.
A.R. Ramanathan and King and Partridge, for Petitioner in W.P. Nos. 681 of 1966 and 739 of 1966 and for K. Narayanaswami, for Respondent in T.C. Nos. 300, 301 and 302 of 1965.
M.R.M. Abdul Karim, for Petitioner in W.P. No. 836 of 1966.
The Advocate-General for the Special Government Pleader, for State in W.P. Nos. 2441 to 2444 of 1965, 681 of 1966, 836 of 1966 and T. C. Nos. 248 and 284 of 1964 for the respondent and 300 to 302 of 1965 for the Petitioners and for K. Venkataswami for Additional Government Pleader for State in T.C. Nos. 99 of 1964 for the respondent and 145 of 1964 for the Petitioner.
S. Gopalaratnam, for 2nd Respondent in W.P. Nos. 2441 to 2444 of 1965. The Assistant Government Pleader for the Government Pleader in W.P. No. 739 of 1966, for Respondent.

Veeraswami, J.-

We have before us two batches of cases, the first raising the question whether sections 8 (2), (2-A), (5) and 9 (3) of the Central Sales Tax Act, 1956 violates Articles 301 and 303 (1) of the Constitution. In the other batch, the scope and effect of sections 3 to 6, 8, 9, 14 and 15 of the Act and their applicability to the facts fall to be considered. We shall first notice the facts in one of the petitions in the first batch which is more or less typical of the others in that batch which will suffice to show how the constitutional validity of the sections has been raised.

The petitioner in W.P. No. 836 of 1966 is a registered, dealer and describes himself as a manufacturer of matches at Sankarankoil with a sales depot at Ongole in Andhra Pradesh. The business is carried on under the name and style of Lakshmi Match Works. For the accounting year 1963-64, the petitioner filed monthly returns in Form I showing a total taxable turnover of Rs.26,300 under the Central Sales Tax Act, 1956. The Deputy Commercial Tax Officer, Sankarankoil, or. his scrutiny of the assessee’s accounts fixed the total taxable turnover at Rs. 1,16,749.62. Pursuant to an order dated 25th March, 196

































































































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