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august 1962

Supreme Court of India · 1962-08-28

STATE TRADING CORPORATIONOF INDIA LTD. vs STATE OF MYSORE

Citation / case number
SC 1960/90
Court
Supreme Court of India
Petitioner
STATE TRADING CORPORATIONOF INDIA LTD.
Respondent
STATE OF MYSORE
Author
DAS, S.K.,KAPURL.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR
Bench
DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that sales made by the C. Company from factories outside the State of Mysore to purchasers within the State constituted inter-State sales under Section 3(a) of the Central Sales Tax Act, 1956. The Court clarified that a sale occasions the movement of goods when such movement is a result of a covenant in the contract of sale. Consequently, the State of Mysore lacked jurisdiction to impose sales tax on these transactions due to the constitutional prohibition under Article 269, leading to the quashing of the assessment orders.

STATE TRADING CORPORATIONOF INDIA LTD. vs STATE OF MYSORE · Niyam