STATE OF KARNATAKAversusM/S PRO LAB & ORS. ETC.
2015 INSC 7630 January 2015Appeal(s) allowed
The Supreme Court examined the constitutional validity of Entry 25 of Schedule VI of the Karnataka Sales Tax Act, 1957, which levies tax on the processing and supply of photographs, photo prints and photo negatives. The issue centered on whether the State could tax the goods component of a works contract after the 46th…
K.B. HANDICRAFTS EMPORIUM AND ORS. ETC.versusSTATE OF HARYANA AND ORS.
1993 INSC 17228 April 1993Disposed off
The petitioners, manufacturers of handicrafts in Haryana, purchased raw material within the state and sold the finished goods to dealers in Delhi who exported them. They claimed exemption from purchase tax under Section 9 of the Haryana General Sales Tax Act, relying on the declaration form ST‑15. The Haryana Sales Tax…
COMMISSIONER OF SALES TAX, JAMMU AND KASHMIR ETC. ETC ..versusM/S PINE CHEMICALS LTD. AND ORS. ETC. ETC.
1994 INSC 48024 October 1994Case Allowed
The Commissioner of Sales Tax, Jammu & Kashmir filed review petitions challenging the Supreme Court's earlier decision in Pine Chemicals Ltd. that allowed dealers to claim the benefit of sub‑section (2A) of Section 8 of the Central Sales Tax Act based on exemption granted under Government Order No. 159. The core issue …
M/S VIVIDH MARBLES PVT. LTD.versusCOMMERCIAL TAX OFFICER
2007 INSC 19723 February 2007Dismissed
The State of Rajasthan introduced two sales‑tax incentive schemes, a 1987 scheme offering 100% exemption and a 1989 scheme offering 75% exemption, and allowed entrepreneurs to opt for one. Vividh Marbles Pvt Ltd chose the 1989 scheme and obtained an eligibility certificate, but the assessing authority mistakenly grante…
M/S. CHILLIES EXPORTS HOUSE LTD.versusCOMMISSIONER OF INCOME TAX
1997 INSC 42722 April 1997Appeal(s) allowed
M/s. Chillies Export House Ltd., a public limited company engaged in exporting chillies, claimed that its activities of sorting, grading, clipping, stemming and fumigation (the latter performed by a contractor) amounted to "processing of goods" under the Finance Acts, making it an "industrial company" eligible for a co…
THE STATE OF MAHARASHTRAversusM/S. EMBEE CORPORATION, BOMBAY
1997 INSC 61421 August 1997Dismissed
M/s Embee Corporation entered into a contract with the Directorate General of Supplies & Disposal (DGS&D) to import carbamite from West Germany for use in a government explosives factory. The importer claimed exemption from Central Sales Tax, arguing that the sale was in the course of import under Section 5(2) of the C…
STATE OF BIHAR & ORS.versusHARIHAR PRASAD DEBUKA ETC.
1989 INSC 6821 February 1989Appeal(s) allowed
The State of Bihar issued a notification requiring carriers transporting goods exceeding a specified quantity to carry Forms XXVIII A or XXVIII B as permits for verification and assessment of sales tax. Harihar Prasad Debuka, a registered dealer, was penalised for not correctly completing the form and challenged the no…
COMMISSIONER, CENTRAL EXCISE & CUSTOMS, KERALAversusM/S LARSEN & TOUBRO LTD.
2015 INSC 58920 August 2015Disposed off
The Supreme Court examined whether service tax could be levied on indivisible works contracts entered into after the Finance Act, 1994 but before the 2007 amendment that expressly made such contracts taxable. It held that the 1994 Act neither charged nor provided machinery to assess service tax on composite works contr…
THE STATE OF UTTAR PRADESH AND ANR.versusM/S. HINDUSTAN SAFETY GLASS WORKS (P) LTD.
1996 INSC 41720 March 1996Dismissed
The Uttar Pradesh Government issued a Gazette notification under Section 4‑A of the U.P. Sales Tax Act, 1948, granting a three‑year sales‑tax exemption to certain newly set‑up industrial units for specified goods. Hindustan Safety Glass Works (P) Ltd claimed that, under the pre‑amendment provision of Section 8(2A) of t…
RAJRATHA NARANBHAI MILLS. CO. LTD.versusSALES TAX OFFICER, PETLAD
1991 INSC 5219 February 1991Appeal(s) allowed
The company Rajratha Naranbhai Mills Ltd. was ordered to be wound up on 26 June 1967 and the liquidator invited creditors to prove claims for priority under s.530(1)(a) of the Companies Act, 1956. The Sales Tax Officer claimed priority for sales tax and penalties, arguing that the assessment orders and demand notices w…
COMMERCIAL TAXES OFFICERversusM/S. JALANI ENTERPRISES
2011 INSC 21817 March 2011Appeal(s) allowed
The Supreme Court examined whether Jaljira and similar spice mixtures manufactured by M/s Jalani Enterprises constitute "packed masala" under Entry No. 184 of the Rajasthan Sales Tax notification dated 29.03.2001. The High Court had held that Jaljira was a drink falling under the residuary entry and liable to tax at 10…
HINDUSTAN AERONAUTICS LIMITEDversusSTATE OF KARNATAKA
1983 INSC 20116 December 1983Appeal(s) allowed
Hindustan Aeronautics Ltd, a manufacturer and service provider for aircraft, entered into a 1951 contract with the President of India (the owner) to service, repair and overhaul Air Force aircraft. The contract required the contractor to supply spare parts when the owner failed to do so, with the parts to be treated as…
VISHWANATH JHUNJHUNWALAversusSTATE OF UTTAR PRADESH AND ANR.
2004 INSC 27916 April 2004Appeal(s) allowed
The appellant, a partnership firm engaged in oil refining on its own account and on a job‑work basis, sought to import coal from outside Uttar Pradesh using Form‑31, which is required for imports "in connection with business" under the U.P. Sales Tax Act, 1948. The Assistant Commissioner issued a show‑cause notice alle…
M/S TATA MOTORS LTD.versusTHE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (SPL) & ANR.
2023 INSC 53315 May 2023Reference answered
The Supreme Court examined whether a credit note issued by an automobile manufacturer to a dealer, for replacing a defective part under a warranty, constitutes a sale liable to sales tax. It held that when the dealer uses a part from his own stock or purchases it from the market and is reimbursed by a credit note, the …
VASANTHAN FOUNDRYversusUNION OF INDIA AND ORS.
1995 INSC 4479 August 1995Appeal(s) allowed
Vasanthan Foundry, a manufacturer of rough cast iron castings, challenged a Tamil Nadu Government circular dated 14 September 1993 that re‑characterised such castings as distinct from "cast iron" and thus not "declared goods" under the Tamil Nadu General Sales Tax Act, 1959, leading to higher tax assessments. The appel…
ASSOCIATED CEMENT COMPANIES LIMITED, KYMOREversusCOMMISSIONER OF SALES-TAX, INDORE, ETC. ETC
1991 INSC 979 April 1991Dismissed
Associated Cement Companies Ltd, a cement manufacturer, supplied cement to the Cement Manufacturing Company of India Ltd, which acted as its exclusive marketing agent. The appellant claimed that the sales to the marketing company were exempt from Madhya Pradesh sales tax under the Explanation to Article 286(1)(a) of th…
PERIYAR & PAREEKANNI RUBBERS LTD.versusSTATE OF KERALA
2008 INSC 3237 March 2008Dismissed
Periyar & Pareekanni Rubbers Ltd., a distillery registered under the Kerala General Sales Tax Act, leased its factory to Eagle Distillery Ltd. The lessee continued to use the lessor's sales‑tax registration number and statutory Forms C and D, but failed to remit the tax collected. The assessing authority issued notices…
REGIONAL PROVIDENT FUND COMMISSIONERversusM/S. RAJS CONTINENTAL EXPORTS (P.) LTD.
2007 INSC 2507 March 2007Dismissed
The Regional Provident Fund Commissioner appealed against a Karnataka High Court order that had held Raj's Continental Exports (P) Ltd was not a branch of Mis. Continental Exporters, a proprietorship owned by the same individual who was also the Managing Director of the company. The respondent claimed infancy protectio…
TATA MOTORS LTD.versusSTATE OF MAHARASHTRA AND ORS.
2004 INSC 3676 May 2004Case Partly allowed
Tata Motors Ltd., a manufacturer of motor vehicle chassis and parts, claimed a set‑off of sales tax for purchases of steel that later became scrap, invoking Rules 41D and 41E of the Bombay Sales Tax Rules. The Maharashtra Sales Tax Laws (Levy, Amendment and Repeal) Act, 1989 retrospectively withdrew that set‑off benefi…
TIN PLATE CO. OF INDIA LTD.versusSTATE OF BIHAR AND ORS.
1998 INSC 4115 November 1998Appeal(s) allowed
The appellant, Tin Plate Co. of India Ltd., a manufacturer registered under the Bihar Sales Tax Act and Central Sales Tax Act, filed its return for assessment year 1985‑86. The Commercial Tax Officer disallowed its claim of stock transfer as inter‑state sales and levied 10% tax, issuing a demand notice. The company cha…