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1994 Supreme(MP) 129

P.P.NAOLEKAR, U.L.BHAT
SANJAY TRADING CO. – Appellant
Versus
COMMISSIONER OF SALES TAX (AND OTHER CASES). – Respondent


Advocates Appeared:
M. S. Choudhary, B. L. Nema and H. S. Shrivastava, for the petitioners.
B. K. Rawat, Additional Advocate-General, for the respondents.

JUDGMENT

U. L. BHAT, C.J. - These writ petitions which have been heard together and are being disposed of by a common order since common questions of law arise therein, have been filed by dealers in sugar, tobacco or iron and steel.

2. The Sales Tax Officers concerned have been levying entry tax under provisions of the Entry Tax Act, 1976, on the turnover of the petitioners in regard to the above goods. According to the petitioners, this is illegal and, therefore, they seek the following reliefs :

(a) Declaration that levy of entry tax is violative of the provisions of the Constitution and beyond the legislative competence of the State;

(b) declaration that the provisions of the Entry Tax Act, 1976, are ultra vires the provisions of article 286(3) and entries 92-A and 92-B of List I of the Seventh Schedule to the Constitution as also articles 301 and 304 of the Constitution;

(c) declaration that levy of entry tax on the above goods is ultra vires the charging section; and

(d) consequential reliefs such as quashing notices requiring them to deposit tax, prohibiting the Sales Tax Officers from proceeding with the pending assessment; restraining them from levying tax on the petitioner
















































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