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

september 1966

Supreme Court of India · 1966-09-30

STATE OF MYSORE vs GUDUTHUR THIMMAPPA & SON, & ANR.

Citation / case number
SC 1965/251
Court
Supreme Court of India
Petitioner
STATE OF MYSORE
Respondent
GUDUTHUR THIMMAPPA & SON, & ANR.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court interpreted Rule 4A(iv)(b) of the Madras General Sales-tax (Turnover and Assessment) Rules, 1939, determining that the last dealer liable for sales tax is the one who sells cotton within the State, regardless of the buyer's residency. The Court held that since the delivery to the common carrier occurred within the State and the buyers insured the goods, they were considered the owners upon delivery. Consequently, the sales were not classified as inter-State trade, and the tax was to be levied from the non-resident buyers as the last dealers.

STATE OF MYSORE vs GUDUTHUR THIMMAPPA & SON, & ANR. · Niyam