Supreme Court · 2000 INSC 528 · Decided 15 November 2000

The East India Hotels LTD. and ANR. v. Union of India and ANR.

Court
Supreme Court of India
Citation
2000 INSC 528 · [2000] SUPP. 4 S.C.R. 658
Case number
CIVIL APPEAL No. 5086/1989
Decided
15 November 2000
Bench
B.N. KIRPAL, N. SANTOSH HEGDE, DORAISWAMY RAJU (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution

Headnote

Sales Tax: Delhi Sales Tax Act, 1975. Sections 2(e), {g), (l) , 3 and 4-lmposition of Sales Tax-Sale of foodstuffs in hotel or restaurant-Whether can be subjected to Sales Tax­ Held, food and drink have to be regarded as goods-There is transfer of property in such goods by hotelier in favour price paid, it would amount to sale and would be subject to Sales Tax-No cabaret, floor show or similar entertainment in hotel or restaurant-Sales Tax-Rate of-Held, rate of tax applicable would be as stipulated in Section 4 (/) (d). Interpretation of Statutes-Harmonious

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