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Issues: Whether the remedy for recovery of sales tax under section 19 of the Travancore-Cochin General Sales Tax Act, XI of 1125 excluded or displaced the recovery procedure under section 13 of the same Act.
Analysis: Both provisions provided modes for recovering arrears of tax. The recovery mechanism under each led to attachment and sale of property, while section 19 additionally enabled prosecution and imposition of fine. The two remedies were not destructive of each other, and the existence of one did not by itself bar resort to the other. In the absence of express words or necessary implication making one remedy exclusive, both remedies remained open to the authorities and could be invoked at their option.
Conclusion: The recovery under section 13 was not barred by the prosecution and warrant proceedings under section 19. The objection to the simultaneous availability of the two remedies failed.