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    <title>1963 (11) TMI 61 - BOMBAY HIGH COURT</title>
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    <description>A recovery and assessment notice issued only in the trade name of a deceased dealer, and affixed at the shop after his death, was held invalid because the statutory scheme required notice to a living person or legal representative before tax could be recovered as arrears. The trade name could not be treated as a &quot;dealer&quot; since the definition of dealer begins with a person, and proceedings founded on such a notice were vitiated. The assessment and penalty orders were therefore quashed, while the department was left free to initiate fresh proceedings in accordance with law.</description>
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    <pubDate>Fri, 01 Nov 1963 00:00:00 +0530</pubDate>
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      <title>1963 (11) TMI 61 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=128829</link>
      <description>A recovery and assessment notice issued only in the trade name of a deceased dealer, and affixed at the shop after his death, was held invalid because the statutory scheme required notice to a living person or legal representative before tax could be recovered as arrears. The trade name could not be treated as a &quot;dealer&quot; since the definition of dealer begins with a person, and proceedings founded on such a notice were vitiated. The assessment and penalty orders were therefore quashed, while the department was left free to initiate fresh proceedings in accordance with law.</description>
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      <law>VAT and Sales Tax</law>
      <pubDate>Fri, 01 Nov 1963 00:00:00 +0530</pubDate>
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