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1985 Supreme(AP) 30

A.LAKSHMANA RAO, P.CHENNAKESAVA REDDY
Hotel Dwaraka, Hyderabad – Appellant
Versus
Union of India – Respondent


CHENNAKESAV REDDY, AG. C. J.

( 1 ) THIS big batch of writ petitions is spawned by the Constitution (Forty-sixth Amendment) Act. 1982 (hereinafter referred to as "the Amendment Act" ). The petitioners are hoteliers or licensees of bars and restaurants. They seek a writ of mandamus to interdict the State Government from levy and collection of sales tax from them in pursuance of the provisions of section 4 (f) and 6 of the Amendment Act contending intra alia that the said provisions are ultra vires of article 368 of the Constitution and illegal and void and that in any case the absence of any amendment of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as "the Sales Tax Act") incorporating the meaning of "sale" as provided in the Amendment Act, the provisions of sections 4 (f) and 6 of the Amendment Act do not authorise the levy and collection of sales tax from the petitioners in respect of sale of foodstuffs to their customers.

( 2 ) THE facts are not in dispute and lie in a narrow compass : The petitioners in the course of their business as hoteliers or keepers of bars and restaurants supply eatables and beverages to their customers. They are consumed in the













































































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