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    <title>1955 (8) TMI 31 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=127438</link>
    <description>For default in payment of sales tax by a partnership concern, prosecution must be directed against the firm as such. Although partners may be jointly and severally liable under the sales tax rules, that liability does not displace the Act&#039;s requirement that the firm be properly proceeded against. Where the complaint against one partner is split up and the case continues only against another partner, the proceeding is not treated as a valid prosecution of the firm unless the firm is expressly charged in its own name and style. A conviction cannot stand on a partner-only prosecution for the firm&#039;s tax default.</description>
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    <pubDate>Thu, 04 Aug 1955 00:00:00 +0530</pubDate>
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      <title>1955 (8) TMI 31 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=127438</link>
      <description>For default in payment of sales tax by a partnership concern, prosecution must be directed against the firm as such. Although partners may be jointly and severally liable under the sales tax rules, that liability does not displace the Act&#039;s requirement that the firm be properly proceeded against. Where the complaint against one partner is split up and the case continues only against another partner, the proceeding is not treated as a valid prosecution of the firm unless the firm is expressly charged in its own name and style. A conviction cannot stand on a partner-only prosecution for the firm&#039;s tax default.</description>
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      <law>VAT and Sales Tax</law>
      <pubDate>Thu, 04 Aug 1955 00:00:00 +0530</pubDate>
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