Supreme Court · 2007 INSC 328 · Decided 21 March 2007

Federal Bank LTD. and ORS. v. State of Kerala and ORS.

Court
Supreme Court of India
Citation
2007 INSC 328 · [2007] 4 S.C.R. 313
Case number
CIVIL APPEAL No. 6459/2003
Decided
21 March 2007
Bench
S.H. KAPADIA, B. SUDERSHAN REDDY (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Contract Act Section 176

Headnote

Kera/a General Sales Tax Act, 1963; Section 2(viii)(g) as amended by Kera/a Finance Act, 1998-Banking Regulation Act, 1949; Sections S(b), 6, A B 8, & 29-Contract Act, 1872-Section 176-Central Sales Tax Act, 1956; Section 2(g)-Sale of Goods Act, 1930; Section 4-Sale of pledged goods by C banks within the course of banking business and hence, banks are liable to sales tax under the Sales Tax Act. By the Kerala Finance Act, 1998, the definition of the word 'dealer' in section 2(viii) of the Kerala General Sales Tax Act, 1963 was expanded by D inserting clause (g) to cover a bank or a

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