Article 286 of CoI : Article 286: Restrictions as to imposition of tax on the sale or purchase of goods.
CoI
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Explanation using Example
Example 1:
Scenario: A company based in Maharashtra sells machinery to a company in Gujarat.
Application of Article 286:
- According to Section (1)(a), Maharashtra cannot impose a sales tax on this transaction because the sale occurs outside the state of Maharashtra.
- Gujarat, being the destination state, may impose its own tax regulations on the purchase, but Maharashtra has no authority to tax this sale.
Example 2:
Scenario: An Indian company based in Tamil Nadu exports textiles to a buyer in the United States.
Application of Article 286:
- According to Section (1)(b), Tamil Nadu cannot impose a tax on the export of textiles because the transaction involves the export of goods out of the territory of India.
- The central government may have specific export duties or regulations, but the state of Tamil Nadu cannot impose any tax on this export transaction.
Example 3:
Scenario: A company in Karnataka imports electronic components from China.
Application of Article 286:
- According to Section (1)(b), Karnataka cannot impose a tax on the import of electronic components because the transaction involves the import of goods into the territory of India.
- The central government may impose customs duties or other import taxes, but the state of Karnataka has no authority to tax this import transaction.
Example 4:
Scenario: A software development company in Delhi provides software services to a client in Haryana.
Application of Article 286:
- According to Section (1)(a), Delhi cannot impose a tax on the software services provided to the client in Haryana because the service is supplied outside the state of Delhi.
- Haryana, being the destination state, may impose its own tax regulations on the receipt of these services, but Delhi has no authority to tax this service transaction.
Example 5:
Scenario: A company in West Bengal sells tea to a company in Assam, and the tea is shipped directly from West Bengal to Assam.
Application of Article 286:
- According to Section (1)(a), West Bengal cannot impose a sales tax on this transaction because the sale occurs outside the state of West Bengal.
- Assam, being the destination state, may impose its own tax regulations on the purchase, but West Bengal has no authority to tax this sale.