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february 2012

Supreme Court of India · 2012-02-03

M/S Hotel ... vs Asst.Commr.Of Commercial Taxes & Anr

Citation / case number
AIR 2012 SUPREME COURT 982
Court
Supreme Court of India
Petitioner
M/S Hotel ...
Respondent
Asst.Commr.Of Commercial Taxes & Anr
Author
Anil R. Dave
Bench
Anil R. Dave, D.K. Jain

Judgment text excerpt

The Supreme Court held that under Article 286 of the Constitution of India and Section 5 of the Central Sales Tax Act, 1956, no sales tax can be levied on goods sold at duty-free shops before they cross the customs frontiers of India. The Court found that the appellant's sales occurred in the course of import, thus exempting them from state taxation. The appeal was allowed, overturning the High Court's dismissal of the appellant's challenge to the assessment order.

M/S Hotel ... vs Asst.Commr.Of Commercial Taxes & Anr · Niyam