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    <title>1986 (11) TMI 371 - KERALA HIGH COURT</title>
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    <description>Purchase tax under section 5A applies only when the statutory conditions are cumulatively met, including despatch of goods outside the State otherwise than as a direct result of inter-State trade or commerce, and the Tribunal could not rely on the explanation to the definition of sale to override those requirements. Liability also cannot be fastened merely because the seller is unregistered; it must first be found that the purchase is one on which no tax is payable under section 5, since an unregistered dealer may still be liable to tax. The Tribunal&#039;s approach was therefore held legally unsustainable and the matter was remitted for fresh consideration on the sellers&#039; liability under section 5.</description>
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    <pubDate>Thu, 27 Nov 1986 00:00:00 +0530</pubDate>
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      <title>1986 (11) TMI 371 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=155131</link>
      <description>Purchase tax under section 5A applies only when the statutory conditions are cumulatively met, including despatch of goods outside the State otherwise than as a direct result of inter-State trade or commerce, and the Tribunal could not rely on the explanation to the definition of sale to override those requirements. Liability also cannot be fastened merely because the seller is unregistered; it must first be found that the purchase is one on which no tax is payable under section 5, since an unregistered dealer may still be liable to tax. The Tribunal&#039;s approach was therefore held legally unsustainable and the matter was remitted for fresh consideration on the sellers&#039; liability under section 5.</description>
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      <pubDate>Thu, 27 Nov 1986 00:00:00 +0530</pubDate>
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