Supreme Court of India

Manganese Ore (india) Ltd. v. The Regional Assistant Commissioner of Sales Tax, Jabalpur

Neutral citation
Reported as [1976] 3 S.C.R. 99
Bench Hans Raj Khanna J.
Decided 19 December 1975

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons we are of opinion that the provisions in the State Act imposing penalty for non-pay­ ment of income-tax within the prescribed time is not attract­ ed to impose penalty on dealers under the Central Act in res­ pect of tax and penalty payable under the Central Act. x x x x x The Central Act contains specific provisions for penalty.

Judgment, page 11

From the headnote

Central Sales Tax Act, 1956-S. 5(1) read with Art. 286(1)(b) of the Cdnstitution of India-Contract of sales occasioning export a'e eligible to tax under s. 5(1) of the Central Sales Tax, 1956-Sales through an intermediary buyer does not "occasion export". "Stare Decisis" doctrine of, is a valuable principle of precedent requiring special or extraordinary reasons to depart from. Genial Sales Tax Act, 1956-Sec. 3(a), 4(2)(b) and 9-Sale in the course of _inter-State trade or commerce-Conditions to be satisfied before a sale can be said to take place. Central Sales Tax Act, 1~56-Sec.

Where later benches applied it

Of those, 1 relied on · 1 referred to

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