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may 2001

Supreme Court of India · 2001-05-02

Director Of Entry Tax And Ors. vs Mahindra And Mahindra And Anr.

Citation / case number
AIRONLINE 2001 SC 324
Court
Supreme Court of India
Petitioner
Director Of Entry Tax And Ors.
Respondent
Mahindra And Mahindra And Anr.
Bench
S.P. Bharucha, N. Santosh Hegde

Judgment text excerpt

The Supreme Court held that under Section 19 of The Taxes of Entry of Goods into Calcutta Metropolitan Area Act, 1972, a refund of tax is not permissible if the goods have been used, even if the use was for demonstration purposes without charging fees. The Court clarified that a demonstration constitutes 'use' as per the Act, thus denying the refund sought by the respondents. The appeal was allowed, overturning the Tribunal's decision that had granted the refund.

Director Of Entry Tax And Ors. vs Mahindra And Mahindra And Anr. · Niyam