CASE LAWS

Citation

Case Name

Decision

(2007) 15KTR345(SC)

STATE OF ORISSA & ANOTHER Vs. ASIATIC GASES LTD

When Cylinder containing medical oxygen and Industrial Gases were given on loan to the customer, the transfer of right to use goods came into existence. The cylinders together with its content constitute - "goods". The levy of tax was not on the transfer of the goods itself; but the levy was on the transfer of right to use such goods for consideration. The over-retension charges were levied by cylinders beyond specified days and are collected from the customers forms part of the "sale price"

(2007)15KTR16

M/S. S.P LTD & OTHERS Vs CTI AND OTHERS

Demanding Advance Tax before taxable event is to prevent evasion of tax and is not an action infringing the fundamental rights. Free flow of goods not affected by demanding Advance Tax

(2007)15KTR252

FEDERAL BANK LTD Vs STATE OF KERALA

Releasing Security by sale of pledged ornaments is sale and banks comes within the ambit of dealer and liable to pay tax

(2007)15 KTR 412

M/S.MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD

Non-Banking Financial Companies Are Liable To Take Out Registration Under The Kerala Money Lending Act.