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march 1970

Supreme Court of India · 1970-03-02

TATA ENGINEERING & LOCOMOTIVE CO. LIMITED vs THE ASSISTANT COMMISSIONER OF COMMERCIALTAXES & ANOTHER

Citation / case number
SC 1969/60075
Court
Supreme Court of India
Petitioner
TATA ENGINEERING & LOCOMOTIVE CO. LIMITED
Respondent
THE ASSISTANT COMMISSIONER OF COMMERCIALTAXES & ANOTHER
Author
SHAHC.,HEGDE, K.S.,GROVER, A.N.,RAY, A.N.,DUA, I.D.
Bench
SHAH, J.C.,HEGDE, K.S.,GROVER, A.N.,RAY, A.N.,DUA, I.D.

Judgment text excerpt

The Supreme Court held that the transfer of trucks from the factory in Bihar to stockyards in other states constituted inter-state sales under the Central Sales Tax Act, 1956. The Court clarified that the sales tax officer is not required to examine each transaction individually but can assess based on the general nature of similar transactions. The assessment orders levied by the Assistant Commissioner of Commercial Taxes were upheld, affirming the applicability of sales tax on the vehicles transferred to stockyards outside Bihar.

TATA ENGINEERING & LOCOMOTIVE CO. LIMITED vs THE ASSISTANT COMMISSIONER OF COMMERCIALTAXES & ANOTHER · Niyam