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    <title>1955 (9) TMI 37 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=98767</link>
    <description>Constitutional writ jurisdiction remains available where tax proceedings rest on a challenged assumption of jurisdiction, despite statutory appellate or revisional remedies. The Explanation to Article 286(1)(a) was construed by the majority as a legal fiction that localises sales in the State where goods are delivered for consumption, enabling that State to tax them. Article 286(2) was treated as operating in a different field and not barring taxation of such localised sales. On that basis, the Bihar Sales Tax Act could apply to non-resident dealers, including registration and assessment requirements, where goods were delivered in Bihar for consumption. The dissent regarded Article 286(2) as an absolute bar on State taxation of inter-State sales pending parliamentary action.</description>
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    <pubDate>Tue, 06 Sep 1955 00:00:00 +0530</pubDate>
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      <title>1955 (9) TMI 37 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=98767</link>
      <description>Constitutional writ jurisdiction remains available where tax proceedings rest on a challenged assumption of jurisdiction, despite statutory appellate or revisional remedies. The Explanation to Article 286(1)(a) was construed by the majority as a legal fiction that localises sales in the State where goods are delivered for consumption, enabling that State to tax them. Article 286(2) was treated as operating in a different field and not barring taxation of such localised sales. On that basis, the Bihar Sales Tax Act could apply to non-resident dealers, including registration and assessment requirements, where goods were delivered in Bihar for consumption. The dissent regarded Article 286(2) as an absolute bar on State taxation of inter-State sales pending parliamentary action.</description>
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      <pubDate>Tue, 06 Sep 1955 00:00:00 +0530</pubDate>
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