Supreme Court · 1967 INSC 192 · Decided 30 August 1967

State of Madras v. A. Habibur Rehman Sons

Court
Supreme Court of India
Citation
1967 INSC 192 · [1968] 1 S.C.R. 381
Case number
CIVIL APPEAL No. 495/1966
Decided
30 August 1967
Bench
K.N. WANCHOO, R.S. BACHAWAT, V. RAMASWAMI, G.K. MITTER, K.S. HEGDE (5-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 286(1)(a)

Headnote

Constitution of India, 1950, Art. 286(1)(a), Explanation, before amendment by the Constitution (Sixth Amendment) Act, 1956; Madras General Sales Tax Act (9 of 1939) s. 2(h),Explanation (2); and Sales Tax Laws Validat;on Act (7 of 1956), s. 2-Ban on taxation of inter-State if could be taxed. Under Explanation (2) to s. 2(hi of the Madras General Sales Tax Act, 1939, a sale is deemed to have taken place in that State, wherever the contract of sale might have been made, if the goods were actually in the State at the time when the contract in respect thereof was made.

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