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january 2009

Supreme Court of India · 2009-01-23

STATE OF KERALA vs PRABHAVATHY THANKAMMA .

Citation / case number
SC 2008/27077
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
PRABHAVATHY THANKAMMA .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court held that actionable claims, while being movable property and 'goods' in a broader sense, 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 represents a conditional right to a prize, thus qualifying as an actionable claim and not subject to sales tax. The appeal was dismissed, affirming the legal principle that actionable claims are not taxable under sales tax laws.

STATE OF KERALA vs PRABHAVATHY THANKAMMA . · Niyam