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october 1952

Supreme Court of India · 1952-10-16

STATE OF TRAVANCORE-COCHIN ANDOTHERS vs THE BOMBAY CO. LTD.STATE OF TRAVANCORE-COCHIN ANDANOTHERMI

Citation / case number
SC 1952/102
Court
Supreme Court of India
Petitioner
STATE OF TRAVANCORE-COCHIN ANDOTHERS
Respondent
THE BOMBAY CO. LTD.STATE OF TRAVANCORE-COCHIN ANDANOTHERMI
Bench
SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM

Judgment text excerpt

The Supreme Court interpreted Article 286(1)(b) of the Constitution of India, holding that sales and purchases that occasion the export or import of goods are exempt from sales tax. The Court rejected the narrow interpretation that a sale occurs only when property in goods is transferred during their actual movement, asserting that the sale and resultant export form a single transaction. It concluded that even if property passes within the State before the goods leave, such sales are still considered to take place in the course of export and thus exempt under Article 286(1)(b).

STATE OF TRAVANCORE-COCHIN ANDOTHERS vs THE BOMBAY CO. LTD.STATE OF TRAVANCORE-COCHIN ANDANOTHERMI · Niyam