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july 2004

Supreme Court of India · 2004-07-21

Mohd. Ekram Khan & Sons vs Commissioner Of Trade Tax, U.P. Lucknow

Citation / case number
AIR 2004 SUPREME COURT 3965
Court
Supreme Court of India
Petitioner
Mohd. Ekram Khan & Sons
Respondent
Commissioner Of Trade Tax, U.P. Lucknow
Author
Arijit Pasayat
Bench
S.N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the payments received by the assessee for supplying parts under a warranty agreement constituted a sale under Section 2(h) of the Uttar Pradesh Trade Tax Act, 1948. The Court distinguished the case from Premier Automobiles Ltd. v. Union of India, asserting that the transaction involved a separate sale between the assessee and the manufacturer, thus attracting tax liability. The Court upheld the High Court's decision, confirming the tax assessments for the assessment years 1990-91 and 1996-97.

Mohd. Ekram Khan & Sons vs Commissioner Of Trade Tax, U.P. Lucknow · Niyam