Supreme Court of India

M/s. Kanthi Enterprises & Ors. v. State of Karnataka & Ors.

Neutral citation
Reported as [2002] SUPP. 2 S.C.R. 209
Bench Syed Shah Mohammed Quadri and Ruma Pal JJ.
Decided 10 September 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the words, in italic, mean that "the turnover" therein which qualifies for deduction is not the price of goods D impregnated with tax component but excluding it.

Judgment, page 6

From the headnote

Karnataka Sales Tax Act, 1957-Section 5(1A)-levy of tax on sale or purchase of goods-Explanation to first proviso of sub-section (1 ) to section 5 inserted later with retrospective operation-Dealers challenging retrospectivity of explanation since they could not pass burden of tax on consumers-Dismissal by Single Judge and Division Bench of High Court­ Validity of retrospective operation-On appeal, held explanation to first proviso cannot be treated as imposing new burden of tax with retrospective effect merely clarification-Further retrospectivity which really affects the dealer is only of 6

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