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

1974 Supreme(Ori) 28

P.K.MOHANTY, G.K.MISRA
ORIENT PAPER MILLS LTD. – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D. P. Pal, R. N. Bajoria and D. P. Mohanty, for the petitioner.
R. K. Mohapatra (Standing Counsel, Sales Tax), for the opposite party.

JUDGMENT

G. K. MISRA, C.J. - Six questions have been referred by the Additional Sales Tax Tribunal (hereinafter to be referred to as the Tribunal). They are :

"(1) Whether, on the facts and in the circumstances of the case, the reduction granted by the assessee to its buyers from the mill rate was part of the amount payable to the assessee as consideration for the sale of the paper and/or part of the sale price within the meaning of section 2(h) of the Central Sales Tax Act, 1956 ?

(2) Whether, on the facts and in the circumstances of the case, the Additional Sales Tax Tribunal was right in holding that the declaration in C forms required any correction ?

(3) Whether, on the facts and in the circumstances of the case, the freight in respect of paper sold by the assessee was part of the amount payable to the assessee as consideration for the sale of the paper and part of the sale price within the meaning of section 2(h) of the Central Sales Tax Act, 1956 ?

(4) Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal was right in holding that the trade discount is one kind of cash discount ?

(5) Whether, on the facts and in the circumstanc


































































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