<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1998 (7) TMI 667 - KARNATAKA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=159913</link>
    <description>The proviso to Explanation II to the Fourth Schedule of the Karnataka Sales Tax Act, 1957, inserted by Karnataka Act No. 5 of 1996, was treated as discriminatory because it denied the concessional rate where input goods were exempt under section 8-A or under deferment under section 19-C, even though the declared goods and first-point tax structure remained the same. The differentiation turned on the origin of the input goods rather than any real distinction in the finished goods, creating a class within a class and making the incentive for new units illusory. Applying reasonable classification and equality principles, the proviso was held to lack a rational basis and was struck down as violative of Article 14.</description>
    <language>en-us</language>
    <pubDate>Tue, 28 Jul 1998 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 03 Dec 2013 18:08:27 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=338052" rel="self" type="application/rss+xml"/>
    <item>
      <title>1998 (7) TMI 667 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=159913</link>
      <description>The proviso to Explanation II to the Fourth Schedule of the Karnataka Sales Tax Act, 1957, inserted by Karnataka Act No. 5 of 1996, was treated as discriminatory because it denied the concessional rate where input goods were exempt under section 8-A or under deferment under section 19-C, even though the declared goods and first-point tax structure remained the same. The differentiation turned on the origin of the input goods rather than any real distinction in the finished goods, creating a class within a class and making the incentive for new units illusory. Applying reasonable classification and equality principles, the proviso was held to lack a rational basis and was struck down as violative of Article 14.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Tue, 28 Jul 1998 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=159913</guid>
    </item>
  </channel>
</rss>