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march 1953

Supreme Court of India · 1953-03-30

POPPATLAL SHAH vs THE STATE OF MADRAS.UNION OF INDIA AND OTHERS-Interveners.

Citation / case number
SC 1952/67
Court
Supreme Court of India
Petitioner
POPPATLAL SHAH
Respondent
THE STATE OF MADRAS.UNION OF INDIA AND OTHERS-Interveners.
Bench
SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court ruled that under the Madras Sales Tax Act, 1939, as it existed before the 1947 amendment, a sale completed outside the province where the contract was made does not qualify as a sale within the province of Madras, thus no tax can be levied on such transactions. The Court emphasized that a provincial legislature can impose taxes on transactions with a sufficient territorial nexus to the province, but cannot enforce taxation on transactions concluded outside its jurisdiction. The judgment of the Madras High Court was reversed.

POPPATLAL SHAH vs THE STATE OF MADRAS.UNION OF INDIA AND OTHERS-Interveners. · Niyam