Supreme Court of India

The Union of India v. The Commercial Tax Officer, West Bengal and Others

Neutral citation
Reported as [1955] 2 S.C.R. 1076
Bench R. Das, Acting C, Vivian Bose, Bhagwati, Jagannadhadas and B. P. Sinha 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 ap­ peals, 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 26

From the headnote

Sales Tax-Sale of hessian to the Ministry of Industry and Supplies of the Government of India-If exempt from payment of sales tax-Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), s. 5(2)(•)(iii). . -Per S. R. DAs, AcTING .J., V1v1AN 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 there­ in. The Department of Industries and Supplies, which was subse­

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