Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1988

Supreme Court of India · 1988-05-04

ALWAYE AGENCIES vs DY. COMMISSIONER OF AGRICULTURAL INCOME-TAX AND SALES TAX,E

Citation / case number
SC 1975/60529
Court
Supreme Court of India
Petitioner
ALWAYE AGENCIES
Respondent
DY. COMMISSIONER OF AGRICULTURAL INCOME-TAX AND SALES TAX,E
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court held that under the Kerala General Sales Tax Act, the relationship between the distributor and the manufacturing company was that of a purchaser rather than an agent. The Court found that the distributor had the right to sell the product and bore the risks associated with the transactions, which included arranging payments and insuring goods. The Court dismissed the appeal, affirming that the transactions constituted sales by the distributor to consumers, thus making the turnover liable for tax assessment.

ALWAYE AGENCIES vs DY. COMMISSIONER OF AGRICULTURAL INCOME-TAX AND SALES TAX,E · Niyam