KUMAR RAJARATNAM, K.BHAKTHAVATSALA
LARSEN AND TOUBRO LIMITED – Appellant
Versus
STATE OF KARNATAKA – Respondent
( 1 ) SECTION 19-A of the Karnataka Sales Tax Act (hereinafter referred to as "the Act" as it stood then was struck down as unconstitutional by a division Bench of this Court reported in [1997] 105 STC 192 in the case of KEC International Limited v. State of Karnataka.
( 2 ) IT has also been brought to our notice that the special leave petition preferred against the division Bench judgment of this Court was dismissed as withdrawn by the Supreme Court dated january 30, 1997.
( 3 ) SECTION 19-A of the Karnataka Sales Tax Act, 1957, which was struck down by this Court, reads as follows :
"section 19-A : Deduction of tax at source.-- (1) Notwithstanding anything contained in this Act, the Central Government, or any State Government, or an industrial, commercial or trading undertaking of the Central Government, or of any State Government (or any such undertaking in joint sector), or a local authority or a statutory body, shall deduct out of the amounts payable by them to a dealer in respect of works contracts of the nature specified in the Sixth Schedule executed for them, an amount calculated,-
(a) at the rate of two per cent of the total amount payable to such d
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