VidhiSangh

Supreme Court of India · 05/02/2019

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

[2019] 3 S.C.R. 835 · 2019 INSC 134

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Summary

The question whether sales tax was payable on free replacement of defective vehicle parts under warranty, against manufacturer credit notes, was referred to a larger Bench. The Court expressed reservations about the observations and propositions in Mohd. Ekram Khan & Sons. It did not finally determine whether the replacement transaction was taxable or whether a credit note constituted payment of a price.

Issues

  1. Whether a dealer’s warranty replacement of parts free to the customer, followed by a manufacturer’s credit note, attracted sales tax.
  2. Whether the observations and propositions in Mohd. Ekram Khan & Sons required larger-Bench consideration.

Provisions considered

Held

Result

Matter referred for consideration by a larger Bench; papers directed to be placed before the Chief Justice for necessary orders.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 835.