Supreme Court of India · 1971-12-17
COMMISSIONER OF COMMERCIAL TAXES, MYSOREBANGALORE vs HINDUSTAN AERONAUTICS LTD.
- Citation / case number
- SC 1968/60354
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF COMMERCIAL TAXES, MYSOREBANGALORE
- Respondent
- HINDUSTAN AERONAUTICS LTD.
- Author
- SIKRI, S.M. (),BHARGAVA, VISHISHTHA,DUA, I.D.,KHANNA, HANS RAJ,MITTER, G.K.
- Bench
- SIKRI, S.M. (CJ),BHARGAVA, VISHISHTHA,DUA, I.D.,KHANNA, HANS RAJ,MITTER, G.K.
Judgment text excerpt
The Supreme Court held that the delivery of railway coaches by Hindustan Aeronautics Ltd. to the Railway Board constituted a sale under the Central Sales Tax Act, rejecting the argument that it was merely a works contract. The Court emphasized that the contract specified the manufacture and supply of coaches, with the under-frames being transferred free of cost, thus establishing a sale rather than a service. The appeal was dismissed, affirming the assessment order of the Commercial Tax Officer.