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april 1973

Supreme Court of India · 1973-04-03

THE DEPUTY COMMISSIONER OF AGRICULTURAL INCOME TAX AND SALE vs M/S. KOTAK & CO., BOMBAY, ETC. ETC.

Citation / case number
SC 1970/60240
Court
Supreme Court of India
Petitioner
THE DEPUTY COMMISSIONER OF AGRICULTURAL INCOME TAX AND SALE
Respondent
M/S. KOTAK & CO., BOMBAY, ETC. ETC.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the sales made by the respondent to textile mills were inter-State sales under Section 5(2) of the Central Sales Tax Act, 1956, as they occasioned the import of goods into India. The Court affirmed the High Court's decision that the sales were exempt from tax, referencing Article 286 of the Constitution. The ruling followed the precedent set in K. G. Khosla & Co. v. Deputy Commissioner of Commercial Taxes, establishing that sales can be deemed to occur in the course of import if they facilitate the import process.

THE DEPUTY COMMISSIONER OF AGRICULTURAL INCOME TAX AND SALE vs M/S. KOTAK & CO., BOMBAY, ETC. ETC. · Niyam