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august 1973

Supreme Court of India · 1973-08-23

KELVINATOR OF INDIA LTD. vs THE STATE OF HARYANA

Citation / case number
SC 1970/60209
Court
Supreme Court of India
Petitioner
KELVINATOR OF INDIA LTD.
Respondent
THE STATE OF HARYANA
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court interpreted Section 3(a) of the Central Sales Tax Act, 1956, establishing that a sale must occasion the movement of goods between states to be taxable. The Court held that for a sale to be considered as occurring in the course of interstate trade, there must be a contract of sale preceding the movement of goods, which was not present in this case. Consequently, the appellant was not liable for Central Sales Tax as the movement of goods was not caused by a contract of sale, leading to the dismissal of the appeal.

KELVINATOR OF INDIA LTD. vs THE STATE OF HARYANA · Niyam