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    <title>2025 (10) TMI 386 - KARNATAKA HIGH COURT</title>
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    <description>A statutory educational university supplying and selling prospectus as part of admissions was not treated as a dealer under the Karnataka Value Added Tax Act because the activity did not show commercial surplus, volume, frequency, continuity, regularity, or independent business intention. An incidental activity does not become business merely because the main institution charges for it; the revenue must prove a separate intention to carry on business in that activity, and it failed to do so. As the university was not required to register as a dealer, the issues of taxable turnover, return filing, interest, and penalty did not survive, and the tax levy on prospectus sales could not stand.</description>
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    <pubDate>Wed, 24 Sep 2025 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=779590</link>
      <description>A statutory educational university supplying and selling prospectus as part of admissions was not treated as a dealer under the Karnataka Value Added Tax Act because the activity did not show commercial surplus, volume, frequency, continuity, regularity, or independent business intention. An incidental activity does not become business merely because the main institution charges for it; the revenue must prove a separate intention to carry on business in that activity, and it failed to do so. As the university was not required to register as a dealer, the issues of taxable turnover, return filing, interest, and penalty did not survive, and the tax levy on prospectus sales could not stand.</description>
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