https://www.taxtmi.com/caselaws?id=154093 A State taxing statute cannot authorise forfeiture of tax collected on sales in the course of import, because such transactions fall outside the State's constitutional taxing competence. The Bombay High Court read section 37 of the Bombay Sales Tax Act, 1959 down so that forfeiture applies only to amounts collected on transactions exigible to tax within the State's power. It rejected the argument that the earlier Division Bench reasoning was merely obiter and applied the same constitutional limitation and statutory scheme. The forfeiture of amounts collected on import sales was therefore held invalid, with the issue decided in favour of the assessee. en-us Mon, 30 Jul 1984 00:00:00 +0530 Tue, 06 Aug 2013 18:04:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=154093 A State taxing statute cannot authorise forfeiture of tax collected on sales in the course of import, because such transactions fall outside the State's constitutional taxing competence. The Bombay High Court read section 37 of the Bombay Sales Tax Act, 1959 down so that forfeiture applies only to amounts collected on transactions exigible to tax within the State's power. It rejected the argument that the earlier Division Bench reasoning was merely obiter and applied the same constitutional limitation and statutory scheme. The forfeiture of amounts collected on import sales was therefore held invalid, with the issue decided in favour of the assessee. Case-Laws VAT and Sales Tax Mon, 30 Jul 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=154093