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State Of Tamil Nadu vs M. K Kandaswami Etc. Etc on 15 July, 1975

In this regard reference to the authority in State of Tamil Nadu v M.K.Kandaswami & Others, would be seemly, for this Court had adverted to three distinct concepts; taxable persons, taxable goods and taxable events and how they were distinguished. It was observed in the said case that if the said distinction is overlooked, it may lead to serious error in construction and application of a taxing provision or enactment. In the case of taxable or non-taxable/exempted goods, the focal point and the focus is on the character and class of goods in relation to their exigibility. Referring to the provisions of Section 7-A of the Madras General Sales Tax, 1959, the expression in the Act “taxable goods”, it was opined as regards the goods mentioned in the First Schedule of the Act that the sale and purchase was liable to tax at the rate and at the point specified therein. It was further held that the goods which were exempt were not taxable goods and, therefore, could not be brought to charge and taxed.
Supreme Court of India Cites 17 - Cited by 188 - R S Sarkaria - Full Document
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