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march 2007

Supreme Court of India · 2007-03-21

FEDERAL BANK LTD. vs STATE OF KERALA .

Citation / case number
SC 2003/14661
Court
Supreme Court of India
Petitioner
FEDERAL BANK LTD.
Respondent
STATE OF KERALA .
Author
B. SUDERSHAN REDDY S.H. KAPADIA
Bench
B. SUDERSHAN REDDY S.H. KAPADIA

Judgment text excerpt

The Supreme Court held that banks qualify as 'dealers' under Section 2(viii) of the Kerala General Sales Tax Act, 1963, following the amendment introduced by the Kerala Finance Act, 1998. The Court affirmed that the sale of pledged gold by banks constitutes a taxable transaction, thereby upholding the validity of the notices issued by the Sales Tax Department. The Court concluded that the amended definition of 'dealer' is constitutional and does not violate Articles 14 and 19 of the Constitution of India.

FEDERAL BANK LTD. vs STATE OF KERALA . · Niyam