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Supreme Court of India 2022-03-02 partly_allowed

Commissioner of Trade Tax, U.P. & Ors vs Santosh Kumar Kushwaha

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

These consolidated Civil Appeals from 2022 addressed the application of State Development Tax under Section 3-H of the U.P. Trade Tax Act, 1948. The Court held that the State Development Tax is an independent tax levied on dealers with turnover exceeding Rs. 50 lakhs, and is not subject to the composition scheme under Section 7-D. However, assessees are entitled to adjust this tax within monetary limits specified in eligibility certificates issued under Section 4-A. The Court clarified that percentage-based exemptions/reduction rates in those certificates do not apply to the State Development Tax calculation. The Court dismissed some appeals and partly allowed others based on these principles established in prior jurisprudence.

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Tax Law State Development Tax Trade Tax Exemptions and Relief Statutory Interpretation

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