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march 2006

Supreme Court of India · 2006-03-02

BHARAT SANCHAR NIGAM LTD. vs UNION OF INDIA .

Citation / case number
SC 2003/7443
Court
Supreme Court of India
Petitioner
BHARAT SANCHAR NIGAM LTD.
Respondent
UNION OF INDIA .
Author
DALVEER BHANDARI RUMA PAL
Bench
DALVEER BHANDARI RUMA PAL

Judgment text excerpt

The Supreme Court addressed the nature of mobile phone connections, determining whether they constitute a sale, a service, or both. It held that if the transaction is deemed a sale under Article 366(29A)(d) of the Constitution, states can levy sales tax; if it is a service, only the Central Government can impose service tax. The Court overruled previous High Court decisions, affirming that both sales tax and service tax can apply to mobile phone transactions, thereby clarifying the legislative competence of both state and central authorities in taxation matters.

BHARAT SANCHAR NIGAM LTD. vs UNION OF INDIA . · Niyam