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december 2019

Supreme Court of India · 2019-12-04

THE GREAT EASTERN SHIPPING CO. LTD. vs STATE OF KARNATAKA

Citation / case number
SC 2004/7949
Court
Supreme Court of India
Petitioner
THE GREAT EASTERN SHIPPING CO. LTD.
Respondent
STATE OF KARNATAKA
Author
HON'BLE MR. JUSTICE ARUN MISHRA
Bench
HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE VINEET SARAN, HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court addressed the applicability of sales tax under Section 5C of the Karnataka Sales Tax Act, 1957, in relation to a Time Charter Agreement for a tugboat. The Court held that the agreement did not constitute a transfer of the right to use goods as defined under the Act, emphasizing that it was a contract for service rather than a transfer of property rights. Consequently, the imposition of sales tax by the State of Karnataka was deemed unauthorized, and the appeal was allowed in favor of the appellant, The Great Eastern Shipping Co. Ltd.

THE GREAT EASTERN SHIPPING CO. LTD. vs STATE OF KARNATAKA · Niyam