Supreme Court of India

Moulin Rouge Pvt. Ltd. v. The Commercial Tax Officer and Ors.

Neutral citation
Bench S.P. Bharucha J.
Decided 12 November 1997

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 aforesaid judgment of the Supreme Court in Nothem India Caterers (India) Ltd. (supra).

Judgment, page 7

From the headnote

Sales Tax: Bengal Finance (Sales Tax) Act, 1941 : . Sections 2(g) (iii) and 26A-Restaurant-Food and drinks served along with other services-Tax not charged separately fi"om customers for food and drinks-No liability to pay sales tax on it-Commercial tax officer-Imposition of sales tax and penalty-Tribunal holding that appellant entitled to tax exe,,;ptionfi"om September 7, 1978 till the amendment of the Act-On appeal, held legislature has made a valid classification for the purpose of granting exemption-Appel/ant's case falls under clause (a) of sub-section (2) of section 26A of the Act-Thus…

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