Supreme Court of India

The Union of India v. The Commercial Tax Officer, Westbengal and Others(with Con

Diary number
Neutral citation Not assigned by the Court
How to cite
Bench Das, Sudhi Ranjan, Bose, Vivian, Bhagwati, Natwarlal H, Jagannadhadas, Sinha and Bhuvneshwar P JJ.
Decided 19 December 1955

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the aforesaid reasons I would allow these appeals, set aside the orders of the Letters Patent Bench and restore the orders passed by the Single Judge of the Calcutta High Court, with costs throughout.

Judgment, page 16

From the headnote

Per S. R. DAS, ACTING .j., VIVIAN BOSE, BHAGWATI AND JAGANNADHADAS JJ., SINHA J. dissenting.-The exemption created by the provisions of s. 5(2)(a)(iii) of the Bengal Finance (Sales Tax) Act of 1941 must be construed strictly and cannot be extended to sales to Government departments other than those mentioned therein. The Department of Industries and Supplies, which was subse- quently redesignated as the Ministry of Industries and Supplies, was not the same as the Indian Stores Department or the Supply Department of the Government of India and, consequently, sales made to the Ministry of…

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