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april 1976

Supreme Court of India · 1976-04-15

HIRALAL THAKORLAL DALAL vs BROACH MUNICIPALITY & ORS.

Citation / case number
SC 1969/60207
Court
Supreme Court of India
Petitioner
HIRALAL THAKORLAL DALAL
Respondent
BROACH MUNICIPALITY & ORS.
Bench
RAY, A.N. (CJ),BEG, M. HAMEEDULLAH,SARKARIA, RANJIT SINGH,SHINGAL, P.N.,SINGH, JASWANT

Judgment text excerpt

The Supreme Court upheld the Gujarat High Court's interpretation of Section 73(i) of the Bombay Municipal Boroughs Act, 1923, regarding the levy of octroi on goods. The Court ruled that the term 'sale' in the context of octroi should not be narrowly construed to mean only sales to ultimate consumers, but rather encompasses broader transactions, including those for export. The Court affirmed the High Court's conclusion that refunds are claimable for goods meant for export, even if a sale transaction occurred during their stay within octroi limits.

HIRALAL THAKORLAL DALAL vs BROACH MUNICIPALITY & ORS. · Niyam