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1983 Supreme(Kar) 160

K.J.SHETTY, S.R.RAJASEKHARA MURTHY
SHANTILAL AND BROTHERS – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
C.J.DEVANATHAN, E.R.INDRA KUMAR, K.SRINIVASAN, P.P.GANDHI, S.RAJENDRA BABU

JAGANNATHA SHETTY, J.

( 1 ) EACH of these petitions under Art. 226 of the Constitution raises the same question regarding the Constitutional validity of S. 6b (1) of the Karnataka sales Tax Act, 1957 ("act" for short) as amended by Karnataka Act No. 13 of 1982, which provides for the levy of one-half per cent of 'turnover tax' on every dealer whose total turnover in a year exceeds rupees one lakh.

( 2 ) IN order to appreciate the contentions urged in regard to the said question, it will be necessary to have regard- to some of the relevant provisions of the act. 3. 2 (u-1) defines taxable turnover' to mean "the turnover on which a dealer shall be liable to pay tax as determined after making such deductions from his total turnover and in such manner as may be prescribed, but shall not include the turnover of purchase or sale in the course of inter-State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India. " section 2 (u-2) defines 'total turnover' as follows: the aggregate turnover in all goods of a dealer at all places of business in the State whether or not the whole or any porti






















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