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april 2009

Supreme Court of India · 2009-04-09

STATE OF HARYANA vs INDIAN OIL CORP. LTD.

Citation / case number
SC 2008/38083
Court
Supreme Court of India
Petitioner
STATE OF HARYANA
Respondent
INDIAN OIL CORP. LTD.
Bench
S.H. KAPADIA, AFTAB ALAM

Judgment text excerpt

The Supreme Court granted leave in SLP(C) No. 21040 of 2009 and allowed the Civil Appeal, holding that the movement of High Speed Diesel (HSD) and Superior Kerosene Oil (SKO) from Paradeep Port, Orissa to Haldia Port, West Bengal constituted stock transfer and not inter-State sale under the Central Sales Tax Act, 1956. The Court emphasized the necessity of documentary evidence to substantiate claims of stock transfer, which was not adequately provided by the appellant, leading to the assessment authority's findings of tax escapement being upheld. The appeal was allowed with no order as to costs.

STATE OF HARYANA vs INDIAN OIL CORP. LTD. · Niyam