Supreme Court of India

M/s Hotel Ashoka (indian Tour.dev.cor.ltd.) v. Assistant Commissioner of Commercial Taxes &anr.

Neutral citation
Reported as [2012] 1 S.C.R. 808
Bench D.K. Jain and Anil R. Dave JJ.
Decided 3 February 2012
Status Distinguished

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the reasons recorded in the judgment rendered in Civil Appeal No. 2560 of 2010, these appeals also stand allowed and the assessment orders, so far as they pertain to the subject matter of these appeals are concerned, are quashed.

Judgment, page 14

From the headnote

CENTRAL SALES TAX ACT, 1956: s .. 5(2) rlw Art. 286 of the Constitution and s.2(ii) of Customs Act - Goods sold at duty free shops at the International Airport - Held: State Government has no right to tax any such transaction which takes place at the duty free 0 shops which are not within the customs frontiers of India - Karnataka value Added Tax, 2003 - Customs Act, 1962 - s.2(ii) - Constitution of India, 1950-Art. 286 -Arts.226 and 136 - Alternative remedy. The appellant, a dealer registered under the Kamataka Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956, filed returns

Authorities it was built on

Where later benches applied it

Of those, 1 not applicable

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