<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1984 (11) TMI 303 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=154325</link>
    <description>Retrospective amendment of section 46(2) of the Bombay Sales Tax Act, 1959 validated the prohibition on excess tax collection by registered dealers from its original date, so amounts collected before 15 July 1962 became liable to forfeiture under section 37(1). Article 20 of the Constitution did not bar the forfeiture because a sales tax penalty imposed by tax authorities was treated as a civil liability, not a criminal conviction or punishment. Section 27 of Maharashtra Act 21 of 1962 was confined to criminal consequences and could not override the retrospective validating amendment. The challenge to departmental forfeiture therefore failed.</description>
    <language>en-us</language>
    <pubDate>Wed, 07 Nov 1984 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 17 Aug 2013 14:01:08 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=171358" rel="self" type="application/rss+xml"/>
    <item>
      <title>1984 (11) TMI 303 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=154325</link>
      <description>Retrospective amendment of section 46(2) of the Bombay Sales Tax Act, 1959 validated the prohibition on excess tax collection by registered dealers from its original date, so amounts collected before 15 July 1962 became liable to forfeiture under section 37(1). Article 20 of the Constitution did not bar the forfeiture because a sales tax penalty imposed by tax authorities was treated as a civil liability, not a criminal conviction or punishment. Section 27 of Maharashtra Act 21 of 1962 was confined to criminal consequences and could not override the retrospective validating amendment. The challenge to departmental forfeiture therefore failed.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Wed, 07 Nov 1984 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=154325</guid>
    </item>
  </channel>
</rss>