Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1965

Supreme Court of India · 1965-01-19

PATNAIK & COMPANY vs STATE OF ORISSA

Citation / case number
SC 1964/90441
Court
Supreme Court of India
Petitioner
PATNAIK & COMPANY
Respondent
STATE OF ORISSA
Author
GAJENDRAGADKAR, P.B. (),HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.,BACHAWAT, R.S.
Bench
GAJENDRAGADKAR, P.B. (CJ),HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.,BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that the contract for building bus bodies on chassis supplied by the State Government constituted a contract for the sale of goods under the Orissa Sales Tax Act, 1947. The Court determined that property in the bus body did not pass until the entire vehicle was delivered, thus making the amounts received chargeable to sales tax. The judgment distinguished previous cases, affirming that the supervision of the manufacturing process by the purchaser does not negate the nature of the contract as a sale of goods.

PATNAIK & COMPANY vs STATE OF ORISSA · Niyam