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january 2020

Supreme Court of India · 2020-01-21

NIRMAL KUMAR PARSAN vs COMMR. COMMERCIAL TAX . AND ORS.

Citation / case number
SC 2008/326
Court
Supreme Court of India
Petitioner
NIRMAL KUMAR PARSAN
Respondent
COMMR. COMMERCIAL TAX . AND ORS.
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE MR. JUSTICE HEMANT GUPTA, HON'BLE MR. JUSTICE DINESH MAHESHWARI

Judgment text excerpt

The Supreme Court addressed whether sales of imported goods stored in a bonded warehouse in West Bengal, sold as ship stores to foreign-bound vessels, are subject to sales tax under the West Bengal Sales Tax Act, 1954 and 1994. The Court held that such sales occur within the territory of West Bengal and are taxable, rejecting the appellants' claim that these transactions constituted sales in the course of import under the Central Sales Tax Act, 1956. The judgment upheld the decisions of the West Bengal Taxation Tribunal and the High Court, affirming the applicability of sales tax to the transactions in question.

NIRMAL KUMAR PARSAN vs COMMR. COMMERCIAL TAX . AND ORS. · Niyam