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february 2009

Supreme Court of India · 2009-02-02

STATE OF KERALA vs MINI SHAMSUDIN

Citation / case number
SC 2008/27658
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
MINI SHAMSUDIN
Author
ARIJIT PASAYAT
Bench
ASOK KUMAR GANGULY ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that actionable claims are considered 'goods' in a broader sense but are excluded from the definition of 'goods' under the Sales Tax Acts, as established in Sunrise Associates vs. Govt. of NCT of Delhi & Ors. The Court clarified that a lottery ticket, while being a mere piece of paper, represents a conditional right to a prize, thus qualifying as an actionable claim. Consequently, the sale of a lottery ticket is not subject to sales tax laws, affirming the legal principle that actionable claims are movable property but not taxable under the Sales Tax Act.

STATE OF KERALA vs MINI SHAMSUDIN · Niyam