VidhiSangh

Supreme Court of India · 04/12/2019

GREAT EASTERN SHIPPING CO. LTD. versus STATE OF KARNATAKA & ORS.

[2019] 17 S.C.R. 856 · 2019 INSC 1314

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Summary

The Court held that the particular tug charter transferred the exclusive right to use the vessel and was a deemed sale taxable in Karnataka. Retention of crew, maintenance, insurance and indemnity obligations by the owner did not overcome the charterer’s comprehensive control under the contract. The agreement’s execution in Mangalore fixed the taxable situs despite use in territorial waters. Territorial sovereignty and service-tax questions were left open, and the request for remand was rejected.

Issues

  1. Whether the tug charter constituted transfer of the right to use goods or merely services.
  2. Whether Karnataka could tax the transaction despite operation in territorial waters.
  3. Whether territorial-water rights or service-tax liability required determination.

Provisions considered

Held

Result

Appeal dismissed with no costs. Charter held a deemed sale taxable by Karnataka authorities. Rights over territorial waters and service-tax questions left open; High Court’s territorial-water finding diluted. Remand refused.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 856.