Supreme Court of India

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

Neutral citation
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.…

Where later benches applied it

Of those, 1 relied on · 1 referred to

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