Supreme Court of India · 1997-09-16
M/S BLACK DIAMOND BEVERAGES & ANR. vs THE COMMERCIAL TAX OFFICER, CENTRALSECTION, ASSESSMENT WING
- Citation / case number
- SC 1992/87173
- Court
- Supreme Court of India
- Petitioner
- M/S BLACK DIAMOND BEVERAGES & ANR.
- Respondent
- THE COMMERCIAL TAX OFFICER, CENTRALSECTION, ASSESSMENT WING
- Author
- M. JAGANNADHA RAO S. P. BHARUCHA
- Bench
- M. JAGANNADHA RAO S. P. BHARUCHA
Judgment text excerpt
The Supreme Court addressed the interpretation of 'sale price' under Section 2(d) of the West Bengal Sales Tax Act, 1954, specifically regarding whether freight and handling charges are included as 'money consideration'. The Court held that since the Act does not explicitly include freight charges in the definition of 'sale price', and given the precedent set in Hyderabad Asbestos Cement Products Ltd Vs. State of Andhra Pradesh, these charges should not be considered part of the sale price. Consequently, the appeals against the Tax Tribunal's decision were upheld, ruling in favor of the appellants.