Sale of Goods Act

The assessee, M/s EMCO Ltd., manufactures transformers and pays central excise duty on the price at which it sells them to State Electricity Boards. The Revenue argued that the transaction value for duty purposes must include freight and transit‑insurance costs, contending that the place of removal was the buyer’s prem…

M/s Devi Ispat Ltd. had obtained various credit facilities from Central Bank of India. After alleged fraud, the bank asked the company to shift its accounts and later to close them. The company settled its dues by receiving a Rs 15 crore cheque from State Bank of India and requested the return of title deeds and issuan…

The petitioners challenged the Kerala Sales Tax authorities on the taxability of lottery tickets, arguing that they should be treated as "goods" under the sales tax statutes. The Supreme Court examined whether a lottery ticket, which is merely a paper evidencing a chance to win a prize, falls within the definition of "…

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…

The exporter D.K. Lall shipped goods on an FOB basis but obtained marine cargo insurance by misrepresenting the transaction as CIF, thereby breaching the duty of utmost good faith and lacking insurable interest under the Marine Insurance Act, 1963. The National Consumer Disputes Redressal Commission held the insurer no…

The appellant, the Commissioner of Income Tax, Bombay, challenged the deduction claimed by Tasgaon Taluka Sahakari Sakhar Karkhana Ltd., a cooperative sugarcane processor, for the price paid to cane growers that exceeded the Statutory Minimum Price (SMP) fixed under Clause 3 of the Sugar Cane (Control) Order, 1966. The…

The Supreme Court examined whether Alwaye Agencies, appointed as distributor of Sodium Hydrosulphite by Travancore Cochin Chemicals Ltd., acted as an agent or a purchaser under their 1967 agreement. The assessing authority had treated certain bulk supplies, dispatched directly to consumers but arranged and paid for by …

Dr. R.S. Gupta claimed that two sums (Rs.1,50,000 and Rs.67,560½) were valid gifts to his sons and grandsons, effected by instructing a non‑banking firm (Messrs Tika Ram & Sons) to debit his account and credit the donees' accounts. The firm had only Rs.4,000 cash and no overdraft facility. The Revenue argued that witho…

The appeal concerned whether a lottery ticket is a "good" for purposes of the Kerala General Sales Tax Act, 1963. The petitioner argued that the ticket, being a piece of paper, should attract sales tax, while the State contended that the purchaser's right to a conditional prize is an actionable claim excluded from the …