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.