Mahavir Commercial Company v. CIT

86 ITR 147Supreme Court of India1972#4723 most cited

What is Mahavir Commercial Company v. CIT authority for?

Even if a buyer retains the right to examine and repudiate goods after property has passed upon handover of documents (as in a c.i.f. contract), this right does not negate that the property in the goods has passed.

25

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2021.

Also referred to as

Mahavir Commercial Company v. CIT · 86 ITR 147 · property in goods · passing of property · c.i.f. contract · sale of goods · international sale

Issues it is cited on

section 28(1)section 112section 111installation pesection 100section 9(1)(vi)business connectioncomputer softwaresection 44bbsection 44bsection 17permanent establishment

Judgments citing Mahavir Commercial Company v. CIT

Director of Income Tax vs. Uop Lic, New Delhi

ITA - 1324 / 2007HC Delhi07 Sept 2012

…sale took place ? On a combined reading of the clauses of the agreement, we have no doubt that the sale of machinery did take place outside India.” 18. We may also usefully refer to the judgment of the High Court in Mahavir Commercial Company Vs. CIT, 86 ITR 147 wherein following principle was enunciated: “Even though the property in the goods may pass to the buyer when the documents are handed over, the buyer may yet retain the right to examine and repudiate the goods but 2012:DHC:5557-DB ITA 512/2007 & connected cases Page 22 of 42 this right generally which a buyer has in c.i…

Dte of Income Tax vs. Nokia Network Oy

ITA - 505 / 2007HC Delhi07 Sept 2012

…sale took place ? On a combined reading of the clauses of the agreement, we have no doubt that the sale of machinery did take place outside India.” 18. We may also usefully refer to the judgment of the High Court in Mahavir Commercial Company Vs. CIT, 86 ITR 147 wherein following principle was enunciated: “Even though the property in the goods may pass to the buyer when the documents are handed over, the buyer may yet retain the right to examine and repudiate the goods but 2012:DHC:5557-DB ITA 512/2007 & connected cases Page 22 of 42 this right generally which a buyer has in c.i…

Director of Income Tax vs. M/S Nokia Networks Oy

ITA/512/2007HC Delhi07 Sept 2012

…sale took place ? On a combined reading of the clauses of the agreement, we have no doubt that the sale of machinery did take place outside India.” 18. We may also usefully refer to the judgment of the High Court in Mahavir Commercial Company Vs. CIT, 86 ITR 147 wherein following principle was enunciated: “Even though the property in the goods may pass to the buyer when the documents are handed over, the buyer may yet retain the right to examine and repudiate the goods but 2012:DHC:5557-DB ITA 512/2007 & connected cases Page 22 of 42 this right generally which a buyer has in c.i…

Director of Income Tax vs. Ericsson A.B., New Delhi

ITA-504/2007HC Delhi23 Dec 2011

…ITA 397/2007 Page 47 of 75 the agreement, we have no doubt that the sale of machinery did take place outside India.” 42. We may also usefully referred to the judgment of the High Court in Mahavir Commercial Company Vs. CIT, 86 ITR 147 wherein following principle was enunciated: “Even though the property in the goods may pass to the buyer when the documents are handed over, the buyer may yet retain the right to examine and repudiate the goods but this right generally which a buyer has in c.i.f. contract does not by itself indicate that the property in the goods has not p…

Director of Income Tax

ITA/504/2007HC Delhi23 Dec 2011

…ITA 397/2007 Page 47 of 75 the agreement, we have no doubt that the sale of machinery did take place outside India.” 42. We may also usefully referred to the judgment of the High Court in Mahavir Commercial Company Vs. CIT, 86 ITR 147 wherein following principle was enunciated: “Even though the property in the goods may pass to the buyer when the documents are handed over, the buyer may yet retain the right to examine and repudiate the goods but this right generally which a buyer has in c.i.f. contract does not by itself indicate that the property in the goods has not p…