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august 1988

Supreme Court of India · 1988-08-30

COMMISSIONER OF SALES TAX, U.P. vs RAI BHARAT DAS & BROS.

Citation / case number
SC 1986/69708
Court
Supreme Court of India
Petitioner
COMMISSIONER OF SALES TAX, U.P.
Respondent
RAI BHARAT DAS & BROS.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court interpreted Section 2(h) of the Central Sales Tax Act, 1956, determining that packing expenses incurred to put goods in a deliverable state are included in the sale price and thus exigible to tax. The Court held that the High Court erred in concluding that there was no implied agreement to sell packing materials, emphasizing that the Tribunal's findings regarding the nature of the packing and its necessity for delivery were conclusive. Consequently, the appeal was allowed, affirming the Tribunal's decision to include packing charges in the taxable sale price.

COMMISSIONER OF SALES TAX, U.P. vs RAI BHARAT DAS & BROS. · Niyam