Supreme Court of India · 2009-01-23
State Of Kerala & Ors vs Prabhavathy Thankamma & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 2831
- Court
- Supreme Court of India
- Petitioner
- State Of Kerala & Ors
- Respondent
- Prabhavathy Thankamma & Ors
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court, referencing the Constitution Bench decision in Sunrise Associates vs. Govt. of NCT of Delhi, held that actionable claims are considered 'goods' in a broader sense but are excluded from the definition of 'goods' under Sales Tax Acts. The Court clarified that a lottery ticket, while representing a chance for a prize, is merely a token and does not constitute 'goods' for sales tax purposes. Consequently, the appeal was dismissed as it lacked merit, affirming the exclusion of actionable claims from sales tax.