VidhiSangh

Supreme Court of India · 15/05/2023

M/S TATA MOTORS LTD. versus THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (SPL) & ANR.

[2023] 10 S.C.R. 1268 · 2023 INSC 533

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Summary

Answering the reference, the Court affirmed that a dealer’s replacement of a defective automobile part from its own stock or an open-market purchase, reimbursed by the manufacturer through a credit note, attracts sales tax under the State enactments considered. The credit note is monetary consideration for the transfer to the customer despite the customer paying nothing. Mere fitting of a manufacturer-supplied part, remunerated as a service, falls outside this ruling on sales.

Issues

  1. Whether Mohd. Ekram Khan correctly treated warranty replacement parts reimbursed through manufacturer credit notes as taxable sales.
  2. Whether payment by the manufacturer rather than the customer, or a principal-to-principal dealership, altered the tax result.
  3. Whether the same result applied when the manufacturer itself supplied the replacement part and paid only for the dealer’s service.

Provisions considered

Held

Result

Reference answered: Mohd. Ekram Khan affirmed with the stated distinction for manufacturer-supplied parts and service remuneration. Dealers’ appeals dismissed; Revenue appeals allowed. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 1268.