Supreme Court of India

M/s. B.G. Shirke Construction Technologies (p) Ltd. v. The Addl. Commissioner of Commercial Taxes

Neutral citation
Reported as [2007] 2 S.C.R. 248
Bench Dr. Arjjit Pasa Y At and S.H. Kapadia JJ.
Decided 2 February 2007

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 levy of penalty of rupees five lakhs would suffice.

Judgment, page 8

From the headnote

Sales Tax: Karnataka Sales Tax Act, 1957: ss. 8- (5)(a), 20(5), 22( )(l) and 24 and Notification No. FD.43, CSL 94(iv) dated 31.3.94: Exemption Notification-Assessee-dealer engaged in manufacture of prefabricated pillars, column etc. purchasing Tower Cranes availing rebate in tax in terms of the Notification-Applicability of Notification-Held: crane is a hoisting machine used to lift and move heavy loads-Tower cranes a have built in jacks to raise the crane through opening in the floor as building goes up-Cranes are taken apart and lowered after completion of buildings-High Court rightly

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