COMNR. OF SALES TAX, U.P. vs S/S/ MOOL CHAND RAM PRASAD — C.A. No. 1252/2001
Case under Section III-A. Status: Disposed.
CNR: SCIN010034592000
Filing Date
23-Feb-2000
Registration No
C.A. No. 1252/2001
Diary Number
3459/2000
Order Date
22-Mar-2006
Document Type
ROP - of Main Case
Disposal Type
Allowed
Last updated 01-Jun-2026
Acts & Sections
Petitioner(s)
-
1.COMNR. OF SALES TAX, U.P.
Adv. PUNIT DUTT TYAGI
Respondent(s)
-
1.S/S/ MOOL CHAND RAM PRASAD
Adv. RR-EX-PARTE
Case History
CASE SUMMARY: C.A. No. 001252/2001 The Supreme Court allowed the Commissioner of Sales Tax, U.P.'s appeal against a 1979 High Court decision that had dismissed the tax authority's revision petition. The dispute concerned tax liability for a grain dealer's purchases during 1966-67, specifically regarding broken dal and rice. The High Court had relied on M/s Gouti Bandhu case to hold that Explanation II to Section 3-D of the U.P. Sales Tax Act, 1948 had ceased to apply, thus processed foodgrains were not taxable separately. The Supreme Court reversed this, noting that the State Legislature subsequently re-introduced Explanation II via the 1980 Amendment Act with retrospective effect, establishing that split/processed foodgrains are different commodities attracting separate tax liability. Each party bore its own costs. This case analysis is maintained by casestatus.in based on publicly available court records.
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