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january 2024

Supreme Court of India · 2024-01-09

M/S K.P.MOZIKA vs OIL AND NATURAL GAS CORPORATION LTD.

Citation / case number
SC 2010/2540
Court
Supreme Court of India
Petitioner
M/S K.P.MOZIKA
Respondent
OIL AND NATURAL GAS CORPORATION LTD.
Author
UJJAL BHUYAN ABHAY S. OKA
Bench
HON'BLE MR. JUSTICE UJJAL BHUYAN HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court analyzed the applicability of the Assam General Sales Tax Act, 1993 and the Assam Value Added Tax Act, 2003 concerning the hiring of motor vehicles and cranes. The Court held that the agreements for hiring these vehicles constituted a transfer of the right to use goods as defined under Clause 29A(d) of Article 366 of the Constitution of India, thereby attracting tax liability under the Sales Tax Act and VAT Act. Consequently, the appeals were dismissed, affirming the lower court's ruling on tax liability.

M/S K.P.MOZIKA vs OIL AND NATURAL GAS CORPORATION LTD. · Niyam