M/S.Yasha Overseas vs Commissioner Of Sales Tax & Ors

The Supreme Court addressed whether the decision in Vikas Sales Corporation Vs. Commissioner of Commercial Taxes, which held that Replenishment Licences (REP licences) were subject to sales tax, was impliedly overruled by the Constitution Bench decision in Sunrise Associates Vs. Govt. of NCT of Delhi. The Court concluded that the principles established in Sunrise regarding the exclusion of certain items from the definition of 'goods' under the Sales Tax Act also applied to REP licences, thereby implying that Vikas was overruled. The Court held that the sale of REP licences is not subject to sales tax, aligning with the legal interpretation of actionable claims under the relevant statutes.