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    <title>1978 (12) TMI 161 - BOMBAY HIGH COURT</title>
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    <description>Section 46(2) of the Bombay Sales Tax Act was construed as a prohibition confined to tax collected in connection with taxable sales or sales of tax-free goods. The court held that the provision could not be split to treat its latter part as a separate prohibition covering collections on transactions that were not sales. A broader reading would create anomalous results and exceed the State Legislature&#039;s taxing competence under List II. The provision was therefore read down, and forfeiture under section 37(1)(a) was held unavailable for amounts collected on non-sale transactions.</description>
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    <pubDate>Fri, 01 Dec 1978 00:00:00 +0530</pubDate>
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      <title>1978 (12) TMI 161 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=152449</link>
      <description>Section 46(2) of the Bombay Sales Tax Act was construed as a prohibition confined to tax collected in connection with taxable sales or sales of tax-free goods. The court held that the provision could not be split to treat its latter part as a separate prohibition covering collections on transactions that were not sales. A broader reading would create anomalous results and exceed the State Legislature&#039;s taxing competence under List II. The provision was therefore read down, and forfeiture under section 37(1)(a) was held unavailable for amounts collected on non-sale transactions.</description>
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      <pubDate>Fri, 01 Dec 1978 00:00:00 +0530</pubDate>
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