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.