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january 2015

Supreme Court of India · 2015-01-30

STATE OF KARNATAKA ETC vs M/S. PRO LAB & ORS. ETC.

Citation / case number
SC 2005/25845
Court
Supreme Court of India
Petitioner
STATE OF KARNATAKA ETC
Respondent
M/S. PRO LAB & ORS. ETC.
Author
A.K. SIKRI
Bench
CHIEF JUSTICE,A.K. SIKRI,ARUN MISHRA

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Entry 25 of Schedule VI to the Karnataka Sales Tax Act, 1957, which pertains to the levy of tax on processing and supply of photographs, photo prints, and photo negatives. The Court clarified that the previous judgments declaring this entry unconstitutional were based on the premise that such contracts were predominantly service contracts, thus beyond the State's legislative competence under Entry 25 of List II of Schedule VII of the Constitution. The Court held that the amendment could be valid if re-enacted by the State Legislature, thereby allowing the State to impose sales tax on these transactions.

STATE OF KARNATAKA ETC vs M/S. PRO LAB & ORS. ETC. · Niyam