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    <title>1967 (4) TMI 173 - Supreme Court</title>
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    <description>Rule 21-A under the Madras General Sales Tax Act could not extend the charging scheme to make a business transferee liable for the transferor&#039;s sales tax arrears, because the dealer&#039;s liability was confined to its own turnover and rule-making power could not enlarge statutory charge or recovery beyond the Act. The later amendment creating express transferee liability was inapplicable to a transfer completed earlier, so the rule was ultra vires. A private undertaking in the transfer instrument also did not create enforceable liability in favour of the State, since a contractual promise between transferor and transferee cannot bind the taxing authority without statutory authority. The transferee was therefore not liable for the arrears.</description>
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    <pubDate>Mon, 17 Apr 1967 00:00:00 +0530</pubDate>
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      <title>1967 (4) TMI 173 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=100502</link>
      <description>Rule 21-A under the Madras General Sales Tax Act could not extend the charging scheme to make a business transferee liable for the transferor&#039;s sales tax arrears, because the dealer&#039;s liability was confined to its own turnover and rule-making power could not enlarge statutory charge or recovery beyond the Act. The later amendment creating express transferee liability was inapplicable to a transfer completed earlier, so the rule was ultra vires. A private undertaking in the transfer instrument also did not create enforceable liability in favour of the State, since a contractual promise between transferor and transferee cannot bind the taxing authority without statutory authority. The transferee was therefore not liable for the arrears.</description>
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      <pubDate>Mon, 17 Apr 1967 00:00:00 +0530</pubDate>
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