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may 1974

Supreme Court of India · 1974-05-01

INSTALMENT SUPPLY PVT. LTD. vs SALES TAX OFFICER

Citation / case number
SC 1969/60012
Court
Supreme Court of India
Petitioner
INSTALMENT SUPPLY PVT. LTD.
Respondent
SALES TAX OFFICER
Author
RAY, A.N. (),MATHEW, K.K.,ALAGIRISWAMI, A.,GOSWAMI, P.K.,SARKARIA, R.S.
Bench
RAY, A.N. (CJ),MATHEW, K.K.,ALAGIRISWAMI, A.,GOSWAMI, P.K.,SARKARIA, R.S.

Judgment text excerpt

The Supreme Court held that the State of Gujarat was entitled to levy sales tax on a hire purchase agreement where the sale was deemed to occur within the state upon the hirer's exercise of the purchase option, as per Section 2(28) of the Gujarat Sales Tax Act and Section 4(2) of the Central Sales Tax Act, 1956. The Court clarified that the location of the contract and payment in Delhi did not affect the taxability of the sale, which was completed when the goods were within Gujarat. The petition under Article 32 was dismissed, affirming the state's authority to tax sales occurring within its jurisdiction.

INSTALMENT SUPPLY PVT. LTD. vs SALES TAX OFFICER · Niyam