LAWS(SC)-2013-10-40

STATE OF U.P. Vs. JAIPRAKASH ASSOCIATES LTD

Decided On October 18, 2013
STATE OF U.P. Appellant
V/S
JAIPRAKASH ASSOCIATES LTD Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The substantial question of law that requires to be considered and decided in these appeals is, whether grant of rebate of tax by the State Government by issuing a notification in exercise of its powers under Section 5 of Uttar Pradesh Trade Tax Act, 1948 ("the Act", for short) discriminates between the goods imported from neighbouring States and goods manufactured and produced in the State of Uttar Pradesh and therefore contravenes the Constitutional Provisions viz.; articles 301 and 304(a) of the Constitution of India.

(3.) The lead case is Civil Appeal No. 3026 of 2004. The appellants are public limited companies, manufacturing cement in their manufacturing units in Rewa district situate in the State of Madhya Pradesh after procuring fly-ash from the thermal power stations in the State of Uttar Pradesh and thereafter selling the manufactured product viz. Cement in the districts of State of Uttar Pradesh.