Supreme Court of India · 2004-07-21
MOHD.EKRAM KHAN & SONS vs COMMNR.OF TRADE TAX, U.P.LUCKNOW
- Citation / case number
- SC 2003/11139
- Court
- Supreme Court of India
- Petitioner
- MOHD.EKRAM KHAN & SONS
- Respondent
- COMMNR.OF TRADE TAX, U.P.LUCKNOW
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT. S.N. VARIAVA
Judgment text excerpt
The Supreme Court analyzed the applicability of the Uttar Pradesh Trade Tax Act, 1948, specifically Section 2(h), regarding whether the amount received by the assessee for supplying parts under a warranty agreement constituted a sale. The Court held that the transactions did indeed amount to a sale, thereby attracting tax liability, distinguishing the case from prior rulings such as Premier Automobiles Ltd. v. Union of India, which stated that warranty replacements do not involve a sale. The appeals were dismissed, affirming the High Court's decision.