2006 (1) TMI 664

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.... the provisions of the Karnataka Sales Tax Act, 1957. 2. The appellant is a company incorporated under the provisions of the Companies Act, 1956. It has its registered office in the State of Karnataka. It is engaged in the activity of importing information Technology products and effecting sales of same locally as well as in the course of inter-State trade and commerce. 3. The appellant company is also a dealer registered under the provisions of the Karnataka Sales Tax Act, 1957 ('KST Act' for short) and the Central Sales Tax Act, 1956 ('CST Act' for short). 4. The appellant company had approached the authority for Clarification and Advance Ruling by filing an application dated 22/26.4.2004. The clarification, that was so....

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....uestion before the Advance Ruling to clarify, whether its transaction which is a sale in the course of import, would be includable in its taxable turnover? 7. Now, it is the settled legal position, that under Section 4 of the KST Act, 1957, the Advance Ruling Authority can only clarify the rate of tax applicable under the Act in respect of any goods liable to tax under the Act or the exigibility of any transaction to tax under the Act, on an application by a dealer registered under the Act. 8. Under Section 4 of the Act, in too many places, the legislature has specifically used the expression "under the Act". It only means, that a query can be raised and answered by the Advance Ruling Authority under the provisions of the KST Ac....