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The HC held that the statutory university is not carrying on "business" within the meaning of the KVAT Act; printing and sale of prospectuses are incidental to its primary educational object and do not exhibit the requisite volume, frequency, continuity or independent commercial motive to constitute taxable business activity. The State failed to discharge the burden to prove an independent intention to trade through prospectus sales or that surplus receipts represented taxable profits distinct from composite administrative charges. Consequently the university is not a dealer, is not required to register or file returns, and has no taxable turnover; issues of interest and penalty are therefore academic. Both revision petitions are dismissed in favour of the university.
The HC held that the statutory university is not carrying on "business" within the meaning of the KVAT Act; printing and sale of prospectuses are incidental to its primary educational object and do not exhibit the requisite volume, frequency, continuity or independent commercial motive to constitute taxable business activity. The State failed to discharge the burden to prove an independent intention to trade through prospectus sales or that surplus receipts represented taxable profits distinct from composite administrative charges. Consequently the university is not a dealer, is not required to register or file returns, and has no taxable turnover; issues of interest and penalty are therefore academic. Both revision petitions are dismissed in favour of the university.
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