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    <title>1977 (9) TMI 98 - CALCUTTA HIGH COURT</title>
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    <description>A retrospective amendment to the Bengal Excise Act, 1909 declared that the price of pachwai was always exclusive of tax, surcharge and similar imposts, removing any supposed restriction on dealers&#039; ability to pass on the levy. In that setting, the sales tax and surcharge on pachwai under the West Bengal Taxation Laws (Amendment) Act, 1972 did not amount to a trade restriction and was not ultra vires Article 304(b). The retrospective operation also meant that a tax demand for the earlier period remained sustainable even though the dealer could not recover the tax from customers at the time.</description>
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    <pubDate>Fri, 02 Sep 1977 00:00:00 +0530</pubDate>
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      <title>1977 (9) TMI 98 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=151237</link>
      <description>A retrospective amendment to the Bengal Excise Act, 1909 declared that the price of pachwai was always exclusive of tax, surcharge and similar imposts, removing any supposed restriction on dealers&#039; ability to pass on the levy. In that setting, the sales tax and surcharge on pachwai under the West Bengal Taxation Laws (Amendment) Act, 1972 did not amount to a trade restriction and was not ultra vires Article 304(b). The retrospective operation also meant that a tax demand for the earlier period remained sustainable even though the dealer could not recover the tax from customers at the time.</description>
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      <pubDate>Fri, 02 Sep 1977 00:00:00 +0530</pubDate>
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