Supreme Court of India

State of Madras v. Davar and Company Etc.

Neutral citation
Reported as [1970] 1 S.C.R. 572
Bench M. Hidayatullah J.
Decided 20 May 1969

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the judgment of the Madras High Court cannot be sustained and the expression 'customs frontfers' in s. 5 of the Central Act cannot be construed to mean 'customs barriers'.

Judgment, page 4

From the headnote

The short question, that arises for consideration in these appeals, is as to whether the turnover, which was the subject of consideration by the High Court, was liable for sales-tax, under the Madras General Sales Tax Act, 1959 (I of 1959) (herein­ after called the Madras Act). The assessees claimed that the turnover in question represented sales in the course of import and, as such, not liable to tax under the Madras Act. The State of Madras claimed that in all these cases the sale had been effected by a transfer of documents of title to the respective buyers after the ships had crossed the.

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