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july 2004

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.

MOHD.EKRAM KHAN & SONS vs COMMNR.OF TRADE TAX, U.P.LUCKNOW · Niyam