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august 2000

Supreme Court of India · 2000-08-09

M/S.JAY BHARAT C.& I.CO.LTD. vs COMMISSIONER OF SALES TAX

Citation / case number
SC 1979/62610
Court
Supreme Court of India
Petitioner
M/S.JAY BHARAT C.& I.CO.LTD.
Respondent
COMMISSIONER OF SALES TAX
Author
B.N.KIRPAL,S.N. PHUKAN.,,RUMA PAL.
Bench
B.N.KIRPAL,J.,S.N. PHUKAN. J.,,RUMA PAL. J.

Judgment text excerpt

The Supreme Court examined whether hire purchase transactions are subject to sales tax on the consolidated proceeds under the Bengal Finance (Sales Tax) Act, 1941. The Court held that the finance charges included in the hire purchase payments are part of the sale price, affirming the interpretation by sales tax authorities. The judgment clarified that the tax is applicable on the total amount paid by the hirer, including hire charges, rather than solely on the vehicle's price at the time of purchase option exercise.

M/S.JAY BHARAT C.& I.CO.LTD. vs COMMISSIONER OF SALES TAX · Niyam