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march 2011

Supreme Court of India · 2011-03-16

Commr.Of Commercial Taxes & Ors vs Chitrahar Traders

Court
Supreme Court of India
Petitioner
Commr.Of Commercial Taxes & Ors
Respondent
Chitrahar Traders
Bench
Anil R. Dave, Mukundakam Sharma

Judgment text excerpt

The Supreme Court upheld the decision of the Madras High Court regarding the sale of scrap by Neyveli Lignite Corporation (NLC) through MSTC, affirming that the sales tax applicable was 12% with a 5% surcharge, as per the terms of the e-auction agreement. The Court clarified that the classification of the sale as 'as is where is' does not alter the tax liability, and the agreement's terms were binding. The appeal was dismissed, confirming the High Court's ruling on the tax dispute.

Commr.Of Commercial Taxes & Ors vs Chitrahar Traders · Niyam