The Supreme Court has confirmed that trade tax can be levied on ink and processing materials used when printing lottery tickets. This decision resolves a dispute spanning over 25 years, clarifying that these materials are considered goods transferred as part of a works contract under the Uttar Pradesh Trade Tax Act. The court agreed with the High Court's reasoning that when ink and chemicals are used in printing, property in these goods is transferred to the client, making them subject to tax.
The Supreme Court has upheld the levy of trade tax on ink and processing materials used in the printing of lottery tickets. The decision settles a dispute that had been pending for over 25 years under the Uttar Pradesh Trade Tax Act, 1948.
A bench comprising Justices J.B. Pardiwala and K.V. Viswana
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FAQ :
The Supreme Court upheld the levy of trade tax on ink and processing materials used in the printing of lottery tickets, confirming they are taxable under works contracts.
The ruling is based on Section 3F of the Uttar Pradesh Trade Tax Act, 1948.
M/s Aristo Printers Pvt. Ltd., a printing company, appealed against a previous High Court judgment that restored a tax demand.
Three conditions must be met: there must be a works contract, goods must be used in its execution, and property in those goods must be transferred to the client, either in the same or a transformed form.
The ruling specifically clarifies the tax on ink and processing materials used in printing lottery tickets under a works contract as defined by the U.P. Trade Tax Act, 1948.