Supreme Court of India · 1997-10-20
STATE OF KARNATAKA vs B.M.ASHRAF AND CO.
- Citation / case number
- SC 1994/72362
- Court
- Supreme Court of India
- Petitioner
- STATE OF KARNATAKA
- Respondent
- B.M.ASHRAF AND CO.
- Author
- KIRPAL
- Bench
- B. N. KIRPAL S. C. KIRPAL
Judgment text excerpt
The Supreme Court held that the respondent, a registered dealer under the Karnataka Sales Tax Act, 1957, is liable to pay purchase tax under Section 6 of the Act for purchasing fish oil from unregistered dealers. The Court found that the High Court's conclusion that no purchase tax was payable was incorrect, as the sale to M/s. Kalbhavi Venkatarao & Bros. did not exempt the respondent from tax liability. The Court clarified that the provisions of Section 6, when read with Section 5 of the Central Sales Tax Act, apply to the respondent's transactions, thus affirming the tax levy.