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december 1971

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.

COMMISSIONER OF COMMERCIAL TAXES, MYSOREBANGALORE vs HINDUSTAN AERONAUTICS LTD. · Niyam