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    <title>1988 (7) TMI 398 - PATNA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=155890</link>
    <description>Declared goods purchased outside Bihar remained liable to sales tax on their first intra-State sale where no purchase tax had actually been levied in the State. Section 3A, read with section 5(2), was explained as creating an either-or tax scheme: the taxable incidence falls on purchase or on sale, but not both. The prescribed rules could not override the statute&#039;s plain language. The classification was treated as non-discriminatory, with no breach of Article 14 or of the State&#039;s taxing competence under Entry 54, List II. The levy on the disputed transactions was therefore valid and the constitutional challenge failed.</description>
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    <pubDate>Wed, 27 Jul 1988 00:00:00 +0530</pubDate>
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      <title>1988 (7) TMI 398 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=155890</link>
      <description>Declared goods purchased outside Bihar remained liable to sales tax on their first intra-State sale where no purchase tax had actually been levied in the State. Section 3A, read with section 5(2), was explained as creating an either-or tax scheme: the taxable incidence falls on purchase or on sale, but not both. The prescribed rules could not override the statute&#039;s plain language. The classification was treated as non-discriminatory, with no breach of Article 14 or of the State&#039;s taxing competence under Entry 54, List II. The levy on the disputed transactions was therefore valid and the constitutional challenge failed.</description>
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      <pubDate>Wed, 27 Jul 1988 00:00:00 +0530</pubDate>
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