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september 1978

Supreme Court of India · 1978-09-07

NORTHERN INDIA CATERERS (INDIA) LTD. vs LT. GOVERNOR OF DELHI

Citation / case number
SC 1978/90474
Court
Supreme Court of India
Petitioner
NORTHERN INDIA CATERERS (INDIA) LTD.
Respondent
LT. GOVERNOR OF DELHI
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court ruled that the service of meals to non-residents in a restaurant does not constitute a taxable sale under the Bengal Finance (Sales Tax) Act, 1941. The Court held that the transaction is primarily a service rather than a sale of foodstuffs, aligning with its previous decision in State of Punjab v. M/s. Associated Hotels of India, which established that supplying meals is a service to guests. The appeals were allowed, overturning the High Court's affirmation of the sales tax authorities' decision.

NORTHERN INDIA CATERERS (INDIA) LTD. vs LT. GOVERNOR OF DELHI · Niyam