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may 2000

Supreme Court of India · 2000-05-09

Twentieth Century Finance Corpn.Ltd.& ... vs State Of Maharashtra

Court
Supreme Court of India
Petitioner
Twentieth Century Finance Corpn.Ltd.& ...
Respondent
State Of Maharashtra
Author
V.N.Khare
Bench
S.P.Bharucha, B.N.Kirpal, V.N.Khare, S.S.M.Quadri, D.P.Mohapatra

Judgment text excerpt

The Supreme Court addressed the power of State legislatures to levy sales tax on the transfer of the right to use goods under clause (29A)(d) of Article 366 of the Constitution. The Court held that a State cannot impose sales tax on such transfers solely based on the location of goods within the State if the contract was executed outside the State or if the sale occurred in the course of inter-State trade or import/export. The judgment clarified that the taxable event must consider the nature of the sale and its context, reaffirming principles from prior cases such as Builders Association of India and Gannon Dunkerley.

Twentieth Century Finance Corpn.Ltd.& ... vs State Of Maharashtra · Niyam