https://www.taxtmi.com/caselaws?id=150651 Country spirit sold by licensed retail vendors constituted a sale in the legal sense, because the transactions still involved assent, transfer of property and price despite heavy excise regulation; the sales were therefore capable of being subjected to sales tax. However, the levy directly and immediately restricted trade and commerce because the trade was tightly controlled, the sale price was fixed, the profit margin was narrow, and the tax could not be passed on to consumers. In the absence of presidential sanction under Article 304(b), the impugned sales tax provision was unconstitutional and unenforceable to the extent it applied to country spirit sales. en-us Thu, 11 Apr 1974 00:00:00 +0530 Mon, 20 May 2013 17:42:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=150651 Country spirit sold by licensed retail vendors constituted a sale in the legal sense, because the transactions still involved assent, transfer of property and price despite heavy excise regulation; the sales were therefore capable of being subjected to sales tax. However, the levy directly and immediately restricted trade and commerce because the trade was tightly controlled, the sale price was fixed, the profit margin was narrow, and the tax could not be passed on to consumers. In the absence of presidential sanction under Article 304(b), the impugned sales tax provision was unconstitutional and unenforceable to the extent it applied to country spirit sales. Case-Laws VAT and Sales Tax Thu, 11 Apr 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=150651