Supreme Court · 2006 INSC 884 · Decided 22 November 2006

Whirlpool of India LTD., Bangalore (Karnataka) v. The Deputy Commissioner of Commercial Taxes (Intelligence 3) South Zone, Bangalore (Karnataka)

Court
Supreme Court of India
Citation
2006 INSC 884 · [2006] SUPP. 9 S.C.R. 305
Case number
CIVIL APPEAL No. 5150/2006
Decided
22 November 2006
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Sales Tax: B Appellant-dealer, a registered user of trade mark "Whirlpool", was C getting certain goods manufactured by another dealer under the said trade mark-Sale by other dealer to Appellant was exempted from tax in view of Government appellant and the other dealer-Held, fails under the Third proviso to s.5(3)(a) and not under Sixth ~~ Proviso read with Explanation Ill to s.5(3)(a) -Appellant not entitled to D any credit' in respect of sales tax that would have been paid by the other dealer for goods sold by it to

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