Supreme Court of India

State of West Bengal and Anr. v. Road Transport Association, Silguri and Anr.

Neutral citation
Bench Syed Shah Mohammed Quadri and Ashok Bhan JJ.
Decided 25 February 2003

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 the result, we set aside the order of the Tribunal under challenge.

Judgment, page 7

From the headnote

Bengal Finance (Sales Tax) Act, 1941/West Bengal Sales Tax Rules, 1941: Ss.2(ia-1)-Explanation land ss.4C(6) and 4C(7)/rr.48L(4) and 48M- Constitutional validity of-West Bengal Taxation Tribunal suspended operation of Explanation I to s.2(/a-1) holding it valid but vague and held that there is no machinery provision specifying the manner of disclosure-Tribunal also held sub-sections ( 6) and (7) of s.4- invalid and unconstitutional and sub­ rule( 4) of r.48 as invalid observing that power to seize and sell the goods is exercisable without purchase of goods by, and a proper assessment of…

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