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october 1960

Supreme Court of India · 1960-10-31

THE STATE OF KERALA AND OTHERS vs THE COCHIN COAL COMPANY LTD.

Citation / case number
SC 1958/21
Court
Supreme Court of India
Petitioner
THE STATE OF KERALA AND OTHERS
Respondent
THE COCHIN COAL COMPANY LTD.
Author
DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.,AYYANGAR, N. RAJAGOPALA
Bench
DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court ruled that the sales of bunker coal by the respondent to steamers in Travancore-Cochin were exempt from sales tax under the Government Notification dated February 5, 1954, as they fell within the Explanation to Article 286(1)(a) of the Constitution. The Court clarified that for Article 286(1)(b) to apply, goods must be intended for export beyond India, which was not the case here. The levy of sales tax was validated by the Sales Tax Validation Act, 1956, but the sales were not in the course of export and thus not subject to the ban under Article 286(1)(b).

THE STATE OF KERALA AND OTHERS vs THE COCHIN COAL COMPANY LTD. · Niyam