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august 2005

Supreme Court of India · 2005-08-24

M/S Xerox Modicorp Limited vs State Of Karnataka

Citation / case number
AIR 2005 SUPREME COURT 3336
Court
Supreme Court of India
Petitioner
M/S Xerox Modicorp Limited
Respondent
State Of Karnataka
Author
S. N. Variava
Bench
S. N. Variava, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that under Article 366(29A)(b) of the Constitution, the essence of a sale of goods requires a contract for the transfer of property in movables for a price. The Court clarified that the 46th Amendment allows for the taxation of parts of an inseverable contract but does not convert non-sales into taxable sales. The Court upheld the Karnataka High Court's decision that the amounts received for parts and services under maintenance agreements are subject to sales tax, affirming the Assessing Authority's determination of taxable turnover under the Karnataka Sales Tax Act.

M/S Xerox Modicorp Limited vs State Of Karnataka · Niyam