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december 1975

Supreme Court of India · 1975-12-09

BALABHAGAS HULASCHAND vs STATE OF ORISSA

Citation / case number
SC 1971/60113
Court
Supreme Court of India
Petitioner
BALABHAGAS HULASCHAND
Respondent
STATE OF ORISSA
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that the sale of jute, which involved the movement of goods from Orissa to West Bengal, constituted an interstate sale under Section 3(a) of the Central Sales Tax Act, 1956. The Court clarified that the definition of 'sale' in Section 2(g) includes both concluded contracts and agreements of sale, emphasizing that the transfer of property must occur for valuable consideration. The judgment affirmed that the sale occasioned the movement of goods, thus satisfying the conditions for interstate trade as per Article 286(3) of the Constitution of India.

BALABHAGAS HULASCHAND vs STATE OF ORISSA · Niyam