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1973 Supreme(SC) 91

K.S.HEGDE, P.JAGANMOHAN REDDY, H.R.KHANNA
Commercial Tax Officer, Bangalore – Appellant
Versus
Venkateswara Oil Mills – Respondent


Advocates:
A.K.SEN GUPTA, K.N.BHATT, K.R.CHAUDHARY, K.SRINIVASAN INDRAJEETH SHAH, M.C.SETALVAD, M.VIRAPPA, R.V.Sachthey, S.P.NAIR, S.S.JAVALI, VINIT KUMAR

Judgment

HEGDE, J.:- In these appeals by special leave, a common question of law arises for decision and that question relates to the scope and effect of the Central Sales Tax (Amendment) Act, 1969.

2. The amendment in question came to be enacted under the following circumstances. The High Court of Mysore in Yadalam Lakshminarasimhiah Setty and Sons v. State of Mysore, (1962) 13 STC 583 (Mys), held that under S. 8 (2) of the Central Sales-tax Act, 1956, prior to its amendment by Act 31 of 1958 a "sale" in the course of inter-State trade or commerce is to be taxed at the same rate and in the same manner as it would have been taxed, under the appropriate State law, if it had been an intra-State transaction, but without taking into consideration the minimum turnover fixed by the State law for the purpose of determining the liability of the "dealer" to be assessed under the State sales tax law. It further held that the words "same manner" in Section 8 (2) relate to the calculation of the tax and not refer to the procedure to be adopted while assessing the "dealer."

3. This decision was affirmed by the SC in State of Mysore v Yadalam Lakshminarasimhiah Setty and Sons, 16 STC 231. Thereafte










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