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march 1968

Supreme Court of India · 1968-03-22

TIKA RAM & SONS LTD. ETC. vs THE COMMISSIONER OF SALES TAX U.P., LUCKNOW

Citation / case number
SC 1967/63
Court
Supreme Court of India
Petitioner
TIKA RAM & SONS LTD. ETC.
Respondent
THE COMMISSIONER OF SALES TAX U.P., LUCKNOW
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Explanation II (ii) to Section 2(h) of the U.P. Sales Tax Act, 1948, stating that for tax liability, it is sufficient that goods were sold by the manufacturer, regardless of when they were produced. The Court clarified that a proper territorial nexus between the taxing authority and the transaction is sufficient for imposing sales tax, affirming that manufacturing within the state establishes such a nexus. The appeal was dismissed, affirming the High Court's decision in favor of the Commissioner of Sales Tax.

TIKA RAM & SONS LTD. ETC. vs THE COMMISSIONER OF SALES TAX U.P., LUCKNOW · Niyam