XEROX MODICORP LIMITED.versusSTATE OF KARNATAKA
2005 INSC 37624 August 2005Dismissed
Xerox Modicorp Ltd entered into Full Service Maintenance Agreements (FSMA) and Spares and Service Maintenance Agreements (SSMA) with customers after selling Xerox machines. The dispute concerned whether the supply of spare parts, toners and developers under these agreements amounted to a sale liable to Karnataka sales …
M/S INDIAN DAIRY MACHINERY CO. LTD.versusASSISTANT COMMISSIONER OF COMMERCIAL TAXES
2008 INSC 8622 January 2008Dismissed
M/s Indian Dairy Machinery Co. Ltd., a dealer with a branch in Karnataka, entered into a works contract and received goods from its head office in Gujarat via stock transfer. The company claimed the benefit of composition tax under Section 17(6) of the Karnataka Sales Tax Act, 1957, but the assessing authority denied i…
BUILDERS' ASSOCIATION.OF INDIAversusSTATE OF KARNATAKA AND OTHERS
1992 INSC 31517 November 1992Dismissed
The Builders' Association of India, an association of contractors, challenged the Karnataka Sales Tax Act, 1957, specifically Explanation 3(c) to Section 2(t) and Section 5‑B with the Sixth Schedule, alleging that they converted inter‑state sales into intra‑state sales and imposed tax on the value of works contracts in…
SMT. B. NARASAMMAversusDEPUTY COMMISSIONER COMMERCIAL TAXES KARNATAKA & ANR.
2016 INSC 59111 August 2016Disposed off
The Supreme Court examined whether iron and steel reinforcement used in building works contracts retains its identity as "declared goods" under the Central Sales Tax Act, 1956, and consequently whether it is taxable at the restricted 4% rate prescribed in Section 15. The Court held that the 46th Constitution Amendment …
LARSEN & TOUBRO LIMITEDversusADDITIONAL DEPUTY COMMISSIONER OF COMMERCIAL TAXES & ANR.
2016 INSC 8525 September 2016Disposed off
Larsen & Toubro Ltd., a contractor, executed works contracts and assigned portions of the work to registered sub‑contractors who paid sales tax on their own turnover. The issue was whether the payments made to these sub‑contractors should be included in L&T's total turnover for computing turnover tax under Section 6‑B …
M/S. BINANI INDUSTRIES LIMITEDversusASSISTANT COMMISSIONER OF COMMERCIAL TAXES, VI CIRCLE, BANGALORE AND ORS.
2007 INSC 3754 April 2007Appeal(s) allowed
Binani Industries Ltd, a dealer engaged in leasing machinery and vehicles, challenged the Karnataka Revenue Department’s reopening of its sales‑tax assessments for assessment years 1996‑97 to 1999‑2000 on the ground that the later circular of 23 Oct 1999, which overruled the earlier 12 Apr 1996 circular, could not be u…
UNITED BREWERIES LTD.versusSTATE OF ANDHRA PRADESH
1997 INSC 2254 March 1997Appeal(s) allowed
United Breweries Ltd. (the appellant) challenged the assessment of sales tax on the value of bottles and crates supplied with its beer, arguing that these were not sold but were returned against a refundable deposit. The Commercial Tax Officer, the Tribunal and the Andhra Pradesh High Court held that the bottles and cr…
M/S CRAFT INTERIORS (P) LTD.versusTHE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE) & ANR.
2019 INSC 7122 July 2019Dismissed
M/S Craft Interiors Ltd., a dealer in interior decoration, claimed deductions under Rule 6(4)(m)(i) of the Karnataka Sales Tax Rules for goods purchased from registered dealers and used in works contracts in the same form. The assessing authority denied the deduction, issuing provisional assessment notices under Sectio…