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    <title>1988 (5) TMI 357 - RAJASTHAN HIGH COURT</title>
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    <description>Penalty under section 5C(2) of the Rajasthan Sales Tax Act could not be sustained without a clear finding that the purchased commodities formed ingredients of the finished products and therefore qualified as raw material under section 2(mm); the matter required fresh factual examination by the Tribunal. Tax and penalty on canteen sales also had to be reconsidered because the Tribunal had not examined the effect of section 6 of the Constitution (Forty-sixth Amendment) Act, 1982, including its validating and exemption provisions. The order was set aside and the matter remitted for fresh decision after hearing the parties and considering relevant material.</description>
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    <pubDate>Fri, 06 May 1988 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=155256</link>
      <description>Penalty under section 5C(2) of the Rajasthan Sales Tax Act could not be sustained without a clear finding that the purchased commodities formed ingredients of the finished products and therefore qualified as raw material under section 2(mm); the matter required fresh factual examination by the Tribunal. Tax and penalty on canteen sales also had to be reconsidered because the Tribunal had not examined the effect of section 6 of the Constitution (Forty-sixth Amendment) Act, 1982, including its validating and exemption provisions. The order was set aside and the matter remitted for fresh decision after hearing the parties and considering relevant material.</description>
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      <pubDate>Fri, 06 May 1988 00:00:00 +0530</pubDate>
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