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october 1997

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.

STATE OF KARNATAKA vs B.M.ASHRAF AND CO. · Niyam