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Supreme Court Allows State’s Appeal in Sales Tax Matter Concerning Deduction of Excise Duty. Raw Tobacco and Processed Chewing Tobacco Constitute Different Marketable Products, So Excise Duty Paid on Raw Tobacco Cannot Be Deducted from Turnover of Chewing Tobacco Under Rule 5(1)(i) of Madras General Sales Tax (Turnover and Assessment) Rules, 1939....

The respondent, a tobacco factory in Vedaranyam, purchased raw tobacco and, after processing it, sold it as chewing tobacco. Excise duty under the Central excise law was paid on the raw tobacco at the...

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Supreme Court Quashes Termination of Employee in State Transport Corporation for Violation of Natural Justice and Service Regulations. Employee's Dismissal for Long Absence Without Charge-Sheet or Show-Cause Notice Contravened Clause 4(b) of Service Regulations Requiring Opportunity to Defend Against Misconduct Allegations....

The appeal arose from a writ petition filed by a permanent employee of the State Transport Corporation, Gujarat, who challenged his termination from service. The employee, working as a Writer at Visna...

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Supreme Court Allows Assessee in Sales Tax Rebate Case Under U.P. Sales Tax Act Due to Actual Delivery Outside State. Section 5 Rebate Available When Contract Contemplates Despatch Instructions and Goods Actually Delivered Outside Uttar Pradesh, Even if Buyer and Consignee Differ....

The Supreme Court of India adjudicated four appeals by special leave against a judgment of the Allahabad High Court in a sales tax reference under the Uttar Pradesh Sales Tax Act, 1948. The appellant,...

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Supreme Court Upholds Assessee in Sales Tax Dispute Regarding Central Sales Tax Exclusion. Controlled Stockholder's Statutory Price Fixation Prevents Inclusion of Central Sales Tax in Sale Price Under Orissa Sales Tax Act, 1947....

The dispute arose from sales tax assessments under the Orissa Sales Tax Act, 1947 for the quarters ending September 30, 1957 and December 31, 1957. The assessee, M/s Utkal Distributors (P) Ltd., sold ...

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Supreme Court Upholds High Court Remand to Appellate Tribunal in Stage Carriage Permit Dispute under Motor Vehicles Act, 1939. High Court's direction to rehear all appeals arising from a single tainted appellate order is valid to prevent public inconvenience....

The dispute arose from the grant of a stage carriage permit on the route Kumbakonam to Neiveli. The Regional Transport Authority, South Arcot, granted the permit to the first respondent (Somu Transpor...

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Supreme Court Upholds Redemption-Decree Holder in Mortgage Suit Under U.P. Agriculturists’ Relief Act Despite Repeal. Repeal of Relief Act Did Not Affect Pending Proceedings Due to Savings Clause in Section 6 of U.P. General Clauses Act and Section 23 of Amending Act 18 of 1956....

The dispute arose from a mortgage transaction where the successor-in-interest of the original mortgagor, the respondent, filed an application under Section 12 of the U.P. Agriculturists’ Relief Act,...

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Supreme Court Dismisses State Government's Appeal in Cinema Licence Dispute Under Punjab Cinemas (Regulation) Act, 1952. The Licensing Authority Has Exclusive Power to Decide Licence Applications in the First Instance, and the State Government's Control Under Section 5(2) Cannot Be Exercised to Directly Adjudicate Applications....

The dispute arose from an application by Hari Krishan Sharma for a licence to construct a permanent cinema hall under the Punjab Cinemas (Regulation) Act, 1952. The Sub-divisional Officer, designated ...

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Supreme Court Dismisses Revenue Appeal in Income Tax Depreciation Dispute — 'Actually Allowed' Does Not Include Notional Depreciation. Depreciation Allowable on Original Cost Where Prior Years Were Tax-Exempt and No Depreciation Was Actually Allowed Under Section 10(5)(b) of Indian Income-tax Act, 1922....

The dispute arose from an income-tax reference concerning the computation of depreciation for the assessment year 1955-56. The respondent company, Dharampur Leather Cloth Co. Ltd., Bombay, was incorpo...

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Supreme Court Allows Revenue Appeal in Income Tax Depreciation Case Under Merged States Removal of Difficulties Order. Retrospective Explanation in 1962 Amendment Deemed Notional Depreciation During Exemption Period as Actually Allowed, Reversing High Court and Upholding Income Tax Officer's Computation....

The respondent company, incorporated in 1939 in the erstwhile State of Bhopal, enjoyed a ten-year tax exemption under an agreement with the Ruler, which ended on October 31, 1948. After Bhopal merged ...