Supreme Court of India
The State of Maharashtra & Ors. v. Prism Cement Limited & Anr
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
In view of the above facts and circumstances, on the above short point, the State Government was not competent to issue the impugned notices for revising the assessment of the assessee-respondent and to demand the exempted tax only for the reason that the assessee- respondent has not submitted Form ‘C’ and ‘D’ in support of inter-State sale, trade & commerce.
Judgment, page 15
From the headnote
Issue for Consideration Whether the amendment to s.8(5) of the Central Sales Tax Act, 1956 (CST Act), introduced by the Finance Act, 2002, applies retrospectively to take away tax exemption benefits granted under the Package Scheme of Incentives, 1993 (PSI 1993). Whether the State Government was justified in taking away a right accured to the assessee-respondent on mere prospective amendment of s.8(5) without revoking the Entitlement Certificate dated 24.03.1998 without notice or opportunity of hearing. Headnotes† Central Sales Tax Act, 1956 – s.8(5) – Amendment of s.8(5) of the Central Sales
Authorities it was built on
- 2006 Mrf Ltd., Kottayam v. Assistant Commissioner (assessments) Sales Tax and Ors.
- 1990 Darshan Singh and Anr. Etc. Etc. v. Ram Pal Singh and Anr. Etc. Etc.
- 2007 Southern Petrochemical Industries Co. Ltd. v. Electricity Inspector and E.t.i.0. and Ors.
- 2006 S.L. Srinivasa Jute Twine Mills P. Ltd v. Union of India and Anr.
- 1999 Shree Digvijay Cement Co. Ltd. and Ors. v. State of Rajasthan and Ors.
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