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august 1992

Supreme Court of India · 1992-08-05

THE COMMNR. OF SALES TAX, U.P. vs M/S BAKHTAWAR LAL KAILASH CHAND ARHTI

Citation / case number
SC 1990/76489
Court
Supreme Court of India
Petitioner
THE COMMNR. OF SALES TAX, U.P.
Respondent
M/S BAKHTAWAR LAL KAILASH CHAND ARHTI
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court addressed whether purchases made by a commission agent on behalf of ex-State principals, which were dispatched outside Uttar Pradesh, constituted inter-State purchases under Section 3 of the Central Sales Tax Act, 1956. The Court upheld the High Court's ruling that such purchases were indeed inter-State transactions and thus not subject to tax under Section 3-D of the U.P. Sales Tax Act, 1948. The judgment clarified that the nature of the transaction and the intent of the parties were critical in determining tax liability.

THE COMMNR. OF SALES TAX, U.P. vs M/S BAKHTAWAR LAL KAILASH CHAND ARHTI · Niyam