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november 2007

Supreme Court of India · 2007-11-16

M/S.I.D.L.Chemical Ltd vs State Of Orissa

Court
Supreme Court of India
Petitioner
M/S.I.D.L.Chemical Ltd
Respondent
State Of Orissa
Author
A.K.Mathur
Bench
A.K.Mathur, Markandey Katju

Judgment text excerpt

The Supreme Court held that the transactions involving M/s. IDL Industries were inter-State sales under the Central Sales Tax Act, 1956, as the movement of goods was initiated by the orders from Coal India Limited (CIL). The Court clarified that the dispatches made to consignment agents were not mere stock transfers but constituted sales, as the goods were sent outside the State of Orissa based on CIL's orders. The appeal against the Orissa High Court's reversal of the Sales Tax Tribunal's decision was allowed, affirming the inter-State sale classification and the tax liability under the Central Sales Tax Act.

M/S.I.D.L.Chemical Ltd vs State Of Orissa · Niyam