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december 1976

Supreme Court of India · 1976-12-14

ASSISTANT SALES TAX OFFICER AND ORS. vs B.C. KAME, PROPRIETOR KAME PHOTO STUDIO

Citation / case number
SC 1972/60492
Court
Supreme Court of India
Petitioner
ASSISTANT SALES TAX OFFICER AND ORS.
Respondent
B.C. KAME, PROPRIETOR KAME PHOTO STUDIO
Author
HANS RAJ KHANNA
Bench
HANS RAJ KHANNA

Judgment text excerpt

The Supreme Court addressed whether sales tax is applicable to a photographer under the Madhya Pradesh General Sales Tax Act, 1959, specifically regarding the supply of photographic prints. The Court held that the transaction involved a contract of work and labor rather than a sale, thus exempting the photographer from sales tax on the supply of prints. The judgment of the Madhya Pradesh High Court was upheld, confirming that the prepared positive prints are not marketable commodities subject to sales tax.

ASSISTANT SALES TAX OFFICER AND ORS. vs B.C. KAME, PROPRIETOR KAME PHOTO STUDIO · Niyam