<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1960 (12) TMI 72 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=99258</link>
    <description>A licensed dealer under the Bombay Sales Tax Act, 1953 who was not registered under section 9 was not barred by section 21(2) from collecting general tax from purchasers. The provision prohibited collection only by a person who was neither a registered dealer nor a licensed dealer and who was not liable to pay the tax; it could not be expanded by construction to create separate prohibitions for general and special tax. As a penal taxing provision, ambiguity had to be resolved in favour of the taxpayer, so the collected amount was not liable to forfeiture and the Sales Tax Officer lacked jurisdiction to forfeit it.</description>
    <language>en-us</language>
    <pubDate>Tue, 06 Dec 1960 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 25 Sep 2013 14:57:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=136313" rel="self" type="application/rss+xml"/>
    <item>
      <title>1960 (12) TMI 72 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=99258</link>
      <description>A licensed dealer under the Bombay Sales Tax Act, 1953 who was not registered under section 9 was not barred by section 21(2) from collecting general tax from purchasers. The provision prohibited collection only by a person who was neither a registered dealer nor a licensed dealer and who was not liable to pay the tax; it could not be expanded by construction to create separate prohibitions for general and special tax. As a penal taxing provision, ambiguity had to be resolved in favour of the taxpayer, so the collected amount was not liable to forfeiture and the Sales Tax Officer lacked jurisdiction to forfeit it.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Tue, 06 Dec 1960 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=99258</guid>
    </item>
  </channel>
</rss>