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november 1965

Supreme Court of India · 1965-11-30

SUNDARAM FINANCE LTD. vs STATE OF KERALA AND ANOTHER

Citation / case number
SC 1964/90337
Court
Supreme Court of India
Petitioner
SUNDARAM FINANCE LTD.
Respondent
STATE OF KERALA AND ANOTHER
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under the Travancore-Cochin General Sales-tax Act, 1125 M.E., the appellants, who financed the purchase of motor vehicles through hire-purchase agreements, were deemed 'dealers' and liable for sales tax. The Court clarified that the true nature of a transaction can be determined by examining the agreement's terms and surrounding circumstances, allowing the court to look beyond the documents to ascertain the actual transaction. The High Court's rejection of the appellants' petitions for writs against the Sales-tax Officer was upheld, affirming the tax liability on the hire-purchase transactions.

SUNDARAM FINANCE LTD. vs STATE OF KERALA AND ANOTHER · Niyam