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august 1997

Supreme Court of India · 1997-08-21

THE STATE OF MAHARASHTRA vs M/S EMBEE CORPORATION, BOMBAY

Citation / case number
SC 1991/80347
Court
Supreme Court of India
Petitioner
THE STATE OF MAHARASHTRA
Respondent
M/S EMBEE CORPORATION, BOMBAY
Author
V.N. Khare
Bench
V. N. KHARE S. P. BHARUCHA

Judgment text excerpt

The Supreme Court examined the interpretation of 'sale or purchase occasions such import' under Section 5(2) of the Central Sales Tax Act, determining that a completed sale must precede the import for the exemption to apply. The Court held that the transaction in question did not qualify as a sale in the course of import, as the goods were not sold to the assessee before importation. Consequently, the appeal was dismissed, affirming the lower authorities' decisions denying the sales tax exemption.

THE STATE OF MAHARASHTRA vs M/S EMBEE CORPORATION, BOMBAY · Niyam