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Supreme Court of India · 2015-04-22

M/S. COCHIN PORT TRUST vs STATE OF KERALA

Citation / case number
SC 2006/7536
Court
Supreme Court of India
Petitioner
M/S. COCHIN PORT TRUST
Respondent
STATE OF KERALA
Author
H.L. DATTU
Bench
H.L. DATTU,R.K. AGRAWAL,ARUN MISHRA

Judgment text excerpt

The Supreme Court ruled that M/s Cochin Port Trust qualifies as a 'dealer' under the Kerala General Sales Tax Act, 1963, due to its activities involving sales of scrap items, despite its primary function as a statutory authority under the Major Port Trusts Act, 1963. The Court emphasized that the definition of 'dealer' under Section 2(viii) of the Act encompasses entities engaged in sale transactions, regardless of their primary statutory functions. Consequently, the appeal against the High Court's dismissal of the tax revision was rejected, affirming the liability to pay sales tax.

M/S. COCHIN PORT TRUST vs STATE OF KERALA · Niyam