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september 1997

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.

M/S BLACK DIAMOND BEVERAGES & ANR. vs THE COMMERCIAL TAX OFFICER, CENTRALSECTION, ASSESSMENT WING · Niyam