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november 1970

Supreme Court of India · 1970-11-27

STATE OF BIHAR & ANR. vs TATA ENGINEERING & LOCOMOTIVE CO. LTD.

Citation / case number
SC 1966/60476
Court
Supreme Court of India
Petitioner
STATE OF BIHAR & ANR.
Respondent
TATA ENGINEERING & LOCOMOTIVE CO. LTD.
Author
SHAHC.,MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,RAY, A.N.
Bench
SHAH, J.C.,MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,RAY, A.N.

Judgment text excerpt

The Supreme Court held that sales made by the assessee to its dealers for resale outside Bihar during the specified period were exempt from sales tax under the Bihar Sales Tax Act, as these sales occurred in the course of inter-State trade or commerce, as per Article 286(2) of the Constitution of India. The Court established that if the contract necessitates the removal of goods from the state of purchase to another state, such sales qualify as inter-State trade. The appeal was allowed, affirming the High Court's decision.

STATE OF BIHAR & ANR. vs TATA ENGINEERING & LOCOMOTIVE CO. LTD. · Niyam