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.