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    <title>1990 (7) TMI 341 - KERALA HIGH COURT</title>
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    <description>Section 59-A of the Kerala General Sales Tax Act, 1963 was construed as a statutory adjudicatory power to decide a referred question on the rate of tax after hearing both sides, not as a source of unilateral executive instruction or delegated legislation. The Government&#039;s decision under that provision binds only the parties to the reference for the relevant assessment year, while quasi-judicial authorities remain bound to interpret the Act and Rules independently. The provision was also held not to authorise retrospective clarification or decision that increases an assessee&#039;s tax burden; any such effect is confined to prospective operation. On that construction, the original assessment was restored.</description>
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    <pubDate>Wed, 18 Jul 1990 00:00:00 +0530</pubDate>
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      <title>1990 (7) TMI 341 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=156434</link>
      <description>Section 59-A of the Kerala General Sales Tax Act, 1963 was construed as a statutory adjudicatory power to decide a referred question on the rate of tax after hearing both sides, not as a source of unilateral executive instruction or delegated legislation. The Government&#039;s decision under that provision binds only the parties to the reference for the relevant assessment year, while quasi-judicial authorities remain bound to interpret the Act and Rules independently. The provision was also held not to authorise retrospective clarification or decision that increases an assessee&#039;s tax burden; any such effect is confined to prospective operation. On that construction, the original assessment was restored.</description>
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      <pubDate>Wed, 18 Jul 1990 00:00:00 +0530</pubDate>
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