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july 1986

Supreme Court of India · 1986-07-21

STERLING FOODS, A PARTNERSHIP FIRM REPRESENTED BY ITSPARTNE vs THE STATE OF KARNATAKA & ANR.

Citation / case number
SC 1986/69794
Court
Supreme Court of India
Petitioner
STERLING FOODS, A PARTNERSHIP FIRM REPRESENTED BY ITSPARTNE
Respondent
THE STATE OF KARNATAKA & ANR.
Bench
BHAGWATI, P.N. (CJ)

Judgment text excerpt

The Supreme Court held that under Section 5(3) of the Central Sales Tax Act, 1956, goods purchased for export must remain the same as those exported. The Court clarified that if processing alters the identity of the goods, they cannot be considered the same for tax exemption purposes. The appeal was allowed, overturning the High Court's dismissal of the writ petition, and the imposition of purchase tax was deemed unlawful.

STERLING FOODS, A PARTNERSHIP FIRM REPRESENTED BY ITSPARTNE vs THE STATE OF KARNATAKA & ANR. · Niyam