Supreme Court of India

India Agencies (regd.), Bangalore v. Addlitional Commissioner of Commercial Taxes, Banglore

Neutral citation
Bench S.N. Variava, Dr. Ar. Lakshmanan and S.H. Kapadia JJ.
Decided 16 December 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that a liberal construction was not justified having regard to the scheme of the Act and the Rules in this regard and if C there was any hardship, it was for the legislature to take appropriate action to make suitable provisions in that regard.

Judgment, page 23

From the headnote

Central Sales Tax Act : Section 8-Rule 12 of the Central Sales Tax (Registration and Turnover) Rules' 195-Inter state trade or Commerce-Concessional rate of sales tax-To avail the benefit of-Requirement-Held, the requirement prescribed under the Rules are mandatory and strict compliance of the same c is called for. Central Sales Tax (Karnataka) Rules' 1957-Filing of return­ Furnishing of Original Form ' '-To avail concessional rate of tax-Held, Not a mere formality or technicality-Rule being clear and categorical, can't be liberally construed but should be construed strictly-Rule consistent…

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