The Hindu : Karnataka / Bangalore News : Levy of sales tax on lotteries stayed

Online edition of India's National Newspaper
Wednesday, Jul 12, 2006

Karnataka

Karnataka - Bangalore

Levy of sales tax on lotteries stayed

Staff Reporter

High courtround-up The court was told that lotteries could not be classified as goods

BANGALORE: The Karnataka High Court on Tuesday stayed the levy of sales tax on lotteries.

A Division Bench, comprising Justice V. Gopala Gowda and Justice Kumarswamy, passed the order on an appeal by the Commercial Corporation of India, which had challenged the levy of sales tax on lotteries.

The corporation said the levy of sales tax was beyond the power of the legislature and Entry 5 of List 2 of the Seventh Schedule of the Constitution.

It said the legislature had the power to levy sales tax on the sale of goods.

Lottery tickets were not goods, but only pieces of paper giving the purchaser a chance of winning a prize.

The corporation urged the Bench to allow the appeal and set aside the order of a single judge dated December 15, 2003.

The Bench stayed the levy and adjourned hearing of the case.

Ration cards

A Division Bench, comprising Chief Justice Cyriac Joseph and Justice D.V. Shylendra Kumar, on Tuesday ordered issue of notices to the State Government and other respondents on a public interest litigation petition by former MLA A. Ramdass and another person.

The petitioners had sought a direction to the authorities to follow the norms specified by the Union Government for identifying families below the poverty line (BPL) and giving them ration cards.

The Bench asked the government advocate to ascertain from the authorities the final position on the procedures involved in identifying beneficiaries of schemes for BPL families, and whether the list had been finalised. The case was adjourned till July 18.

Adjourned

A Division Bench, comprising Chief Justice Cyriac Joseph and Justice Shylendra Kumar, on Tuesday adjourned hearing a petition by Mutthamma Devaiah against a child marriage on May 18 in Sindhanur taluk in which the Chief Minister allegedly participated.

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