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september 1980

Supreme Court of India · 1980-09-10

INDIAN OIL CORPORATION LTD. vs UNION OF INDIA

Citation / case number
SC 1979/62326
Court
Supreme Court of India
Petitioner
INDIAN OIL CORPORATION LTD.
Respondent
UNION OF INDIA
Author
A.C. GUPTA
Bench
A.C. GUPTA

Judgment text excerpt

The Supreme Court ruled that the sale of naphtha from the Indian Oil Corporation's factory in Barauni, Bihar, to a fertilizer manufacturer in Kanpur, U.P., constituted an inter-State sale under Section 3(a) of the Central Sales Tax Act, 1956. The Court held that the movement of goods was initiated by a contract of sale, making it taxable only in Bihar, as per Section 9 of the Central Sales Tax Act. Consequently, the U.P. authorities lacked jurisdiction to impose sales tax under the U.P. Sales Tax Act.

INDIAN OIL CORPORATION LTD. vs UNION OF INDIA · Niyam