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1992 Supreme(SC) 832

A. S. ANAND, YOGESHWAR DAYAL, S. C. AGRAWAL, M. H. KANIA, J. S. VERMA
Builders Association Of India – Appellant
Versus
State of Karnataka – Respondent


Advocates:
A.Subhashini, ASHOK SHARMA, B.B.Ahuja, B.MOHAN, C.S.VAIDYANATHAN, DIPANKAR GUPTA, G.RAMASVAMY, J.RAMAMURTHY, K.V.VIJAYAKUMAR, M.VIRAPPA, P.Mahale, P.PARMESHVARAN, R.N.NARASIMHA MURTHY, R.P.VADHVANI, RANBIR CHANDRA, S.K.KULAKARNI, S.R.Setia

JUDGMENT

S. C. AGRAWAL, J.:—This appeal arises out of the judgment of the High Court of Karnataka dated July 27, 1990 whereby the High Court has dismissed the writ petition No. 8926 of 1986 filed by the appellant under Article 226 of the Constitution of India. In the said writ petition, the appellant had challenged the validity of various provisions of the Karnataka Sales Tax Act, 1957 as amended by Amending Act No. 27 of 1985 and the Karnataka Sales Tax Rules made thereunder.

2. The appellant is an association of contractors engaged in the work of construction. The provisions of the Karnataka Sales Tax Act which have been impugned by the appellant in writ petition were introduced in the said enactment after the Constitution (Forty-Sixth Amendment) Act, 1983 whereby Cl. (29-A) was introduced in Article 366 of the Constitution so as to enable State Legislature to impose tax on transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract. The validity of Forty-Sixth Amendment came up for consideration before this Court in Builders Association of India v. Union of India, (1989) 2 SCR 320, wherein the said amendment was upheld as v




















































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