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september 1985

Supreme Court of India · 1985-09-23

ONKARLAL NANDLAL vs STATE OF RAJASTHAN & ANR.

Citation / case number
SC 1983/65998
Court
Supreme Court of India
Petitioner
ONKARLAL NANDLAL
Respondent
STATE OF RAJASTHAN & ANR.
Author
P.N. () BHAGWATI
Bench
P.N. (CJ) BHAGWATI

Judgment text excerpt

The Supreme Court addressed the interpretation of 'sale' under the Rajasthan Sales Tax Act, 1954 and the Central Sales Tax Act, 1956. It held that the resale of poppy seeds by the appellant-assessee, despite being classified as inter-State trade, still constituted sales within the State as per the principles outlined in Section 4(2) of the Central Act. Consequently, the Court ruled that the purchase price of the poppy seeds should not be included in the taxable turnover under the State Act, as the sales were not subject to State taxation but to Central taxation instead.

ONKARLAL NANDLAL vs STATE OF RAJASTHAN & ANR. · Niyam