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Jul 29 1966

Nenuram Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Jul-29-1966

Reported in: AIR1967Raj50; [1967]20STC551(Raj)

and further because the sales had been made in the course of import within the meaning of Article 286(1)(b) of the Constitution.The Sales-Tax Officer held that it was a dealer but did not address himself to the


Apr 11 1962

A. Ebrahim and Company Vs. the State of Bombay

Court: Mumbai

Decided on: Apr-11-1962

Reported in: [1962]13STC877(Bom)

or in the alternative in the course of an export, and therefore was exempt from tax under Article 286(1)(b) of the Constitution of India; and (4) the sale was outside the State of Bombay, and therefore not … fourth question, it is the contention of Mr. Ganatra that the sale falls within the exemption of Article 286(1)(b) of the Constitution of India. As it stood at the material time, it provided : 'No law of


Feb 16 2001

Triveni Engineering and Industries Ltd. Vs. State and ors.

Court: Rajasthan

Decided on: Feb-16-2001

Reported in: 2001(4)WLC65; 2001(3)WLN127

as it impinges on item 92A of the Union list of Schedule VII and the provisions of Article 286 of the Constitution of India.(2). We may notice the facts in brief giving rise to these two appeals … common question about the constitutional validity of Explanation II to Section 2(38) of the Rajasthan Sales Tax Act 1994 (hereinafter called the Act of 1994) on the envil that it is ultra vires the legislative competence of


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Jul 30 1984

Commissioner of Sales Tax Vs. Toshniwal Brothers Pvt. Ltd.

Court: Mumbai

Decided on: Jul-30-1984

Reported in: [1984]57STC198a(Bom)

section 37(1) should be so construed as to render the provision constitutional. Reliance was placed also on article 286(1) of the Constitution which expressly takes away the power of the State Legislature to impose tax on sales


Mar 03 1986

The Cashew Corporation of India Ltd. Vs. the State of Karnataka

Court: Karnataka

Decided on: Mar-03-1986

Reported in: ILR1987KAR1803; [1986]63STC90(Kar)

the Corporation. 21. The question whether an assessee was not liable to be taxed by virtue of article 286(1)(b) or article 286(2) of the Constitution came up for consideration before the Supreme Court (sic) in Dhanalakshmi Mills


Oct 04 1983

Madras Marine Co. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Oct-04-1983

Reported in: [1984]56STC154(AP)

fresh look is needed in the light of section 5 of the Central Sales Tax Act. 8. Article 286(1) of the Constitutional reads : '286. (1) No law of a State shall impose, or authorise the imposition … light of section 5 of the Central Sales Tax Act. 8. Article 286(1) of the Constitutional reads : '286. (1) No law of a State shall impose, or authorise the imposition of a tax on the sale or


Jan 17 1983

Arcot Mills Limited Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jan-17-1983

Reported in: [1984]55STC356(Mad)

the temptation to levy and collect taxes on sales or purchases taking place outside their own borders. Article 286(2) empowered Parliament to make the requisite clarifications. Parliament did so in section 4(2) of the Central Sales Tax … them. The question in this revision is whether, for purposes of the Tamil Nadu General Sales Tax Act, 1959, the said purchases can be held to have taken place not in this State, but in the UAR.


Jul 28 1964

Hirji Kalyanji Wadera Vs. the State of Maharashtra

Court: Mumbai

Decided on: Jul-28-1964

Reported in: [1965]16STC502(Bom)

which were claimed as beyond the taxing power of the State on account of the provisions of Article 286(1)(a), read with Explanation to clause (1) of the Constitution. 4. The petitioner was not satisfied with the determination … case the Tribunal is justified in law in coming to the conclusion that within the meaning of Article 286(1)(a) read with the Explanation (Constitution of India) the goods were not actually delivered outside the State as a


Dec 01 1978

Ramkrishan Kulwantrai Vs. Commissioner of Sales Tax

Court: Mumbai

Decided on: Dec-01-1978

Reported in: [1979]44STC117(Bom)

in List Ii or List III including any tax not mentioned in either of those List.' 7. Article 286 of the Constitution prescribes certain restrictions as to the imposition of tax on the sale or purchase of … Madon, J.1. These four references under section 61(1) of the Bombay Sales Tax Act, 1956 (hereinafter for the sake of brevity referred to as 'the Act'), have been made at the insurance of


Nov 28 1977

Commissioner of Sales Tax Vs. Express Block and Engraving Studios Pvt. ...

Court: Mumbai

Decided on: Nov-28-1977

Reported in: (1978)7CTR(Bom)242; [1978]41STC102(Bom)

of blocks by the respondents to the Russian Embassy at New Delhi were exempt from tax under article 286(1)(b) of the Constitution of India ?' 2. As far as question No. (1) is concerned, Mr. Sanghavi, the … Tax Tribunal. The Tribunal upheld the contention of the respondents that the aforesaid sales were exempt under article 286(1)(b) of the Constitution of India as being sales in the course of export out of the territory of


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