GORANTLA BUTCHIAH CHOWDARY Vs. STATE NOW ANDHRA PRADESH

JUDGEMENT

(1.) This batch of applications has been filed under Article 226 of the Constitution of India for issuing writs of mandamus against the respondent to forbear from enforcing against them the provisions of the Madras General Sales Tax Act (IX of 1939) as amended by Andhra Act XIV of 1955.

(2.) As the main question raised in all the applications relates to the constitutional validity of Act XIV of 1955, it is not necessary to give in detail the facts of each case. All the applicants are merchants carrying on export business in tobacco. They purchase tobacco in the local market with a view to export it to foreign countries like Great Britain, Honkong, China and Japan. Under the Madras General Sales Tax Act IX of 1939), no sales tax is payable in regard to raw tobacco. But by Act XIV of 1955 in Section 5 of the original Act after Item (vi), Item (vii) and the following Item (viii) were added :

(3.) The constitutional validity of Item (viii) is impugned on the ground that it is obnoxious to the doctrine of equal protection of laws enshrined in Article 14 of the Constitution of India. The State, the argument proceeds, by selecting Virginia tobacco from the other categories of tobacco and by imposing tax thereon has discriminated against dealers in that variety without any rational basis and without any reasonable relation to the object sought to be achieved, namely, the raising of revenue and, therefore, the said discrimination offends the provisions of Article 14 of the Constitution of India.