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    <title>1956 (3) TMI 18 - MADRAS HIGH COURT</title>
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    <description>The existence of appeal and revision remedies did not bar the High Court from examining a constitutional challenge under Article 226, because statutory authorities could not decide the validity of the taxing provision itself; the writ petition was therefore maintainable. The Court also held that the proviso to Section 3(1)(b) of the Madras General Sales Tax Act, 1939, which imposed a higher rate on sales of food and drink in hotels, boarding houses and restaurants, failed the test of reasonable classification. As the distinction lacked a real and substantial nexus with the object of taxing turnover, it offended Article 14 and was void and unenforceable, so the assessment based on it could not stand.</description>
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    <pubDate>Tue, 20 Mar 1956 00:00:00 +0530</pubDate>
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      <title>1956 (3) TMI 18 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=127470</link>
      <description>The existence of appeal and revision remedies did not bar the High Court from examining a constitutional challenge under Article 226, because statutory authorities could not decide the validity of the taxing provision itself; the writ petition was therefore maintainable. The Court also held that the proviso to Section 3(1)(b) of the Madras General Sales Tax Act, 1939, which imposed a higher rate on sales of food and drink in hotels, boarding houses and restaurants, failed the test of reasonable classification. As the distinction lacked a real and substantial nexus with the object of taxing turnover, it offended Article 14 and was void and unenforceable, so the assessment based on it could not stand.</description>
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      <pubDate>Tue, 20 Mar 1956 00:00:00 +0530</pubDate>
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