AIR 1973 SUPREME COURT 1045 ::1973 TAX. L. R. 1739 ::1973 SCC (Tax) 269 ::1973 3 SCC 511 ::31 STC 426 ::1973 2 SCR 636 ::1973 (1) SCWR 720

Supreme Court Of India

(From : Madras : (1968) 21 STC 227)

Hon'ble Judge(s): K. S. Hegde, P. Jaganmohan Reddy, H. R. Khanna , JJJ

(A) Tamil Nadu General Sales Tax Act (1 of 1959) , S.2(d), S.2(e), S.2(g)— 1964 amendment has no retrospective operation - Transactions covered by 1959 Act prior to its amendment in 1964 - Sales by Oil Company of advertisement materials at cost price or less than cost price; Canteen sales and periodical sale of scrap such as oil drums, rubber hoses, jerry cans, rims, unserviceable pipe fittings and old furniture are not liable to Sales Tax - 21 STC 227, Affirmed, AIR 1967 SC 1066, Followed. (Para 3 4) (B) Tamil Nadu General Sales Tax Act (1 of 1959) , S.2(d)— Assessee Oil Company - Sale by assessee of scrap, sale of advertisement materials and canteen sales being connected with the business of the assessee, is liable to Sales tax - Motive to make gain or profit is immaterial. 21 STC 227, Reversed. Brief Note :- (B) Under the definition of "business" even commercial transactions carried on without a motive to make gain or profit, or whether or not any profit accrues from such activity are included in that @page-SC1046 definition. The amended sub-clause (ii) also includes with that definition transaction in connection with or incidental or ancillary to such trade, manufac....