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    <title>1990 (8) TMI 380 - ORISSA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=156751</link>
    <description>Supply of sweets and tiffins was treated as a sale of goods where the dominant object of the transaction, on the facts, was sale rather than mere service. The taxing authorities&#039; factual finding on dominant character was entitled to finality in reference jurisdiction. The exemption under section 6(2) of the Constitution (Forty-sixth Amendment) Act, 1982 applied only to composite transactions within its scope and did not protect a transaction whose dominant nature was sale. Taxability also was not defeated by the dealer&#039;s failure to collect tax from customers, since liability under the charging provision remained on the dealer. The transaction was therefore exigible to tax.</description>
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    <pubDate>Fri, 17 Aug 1990 00:00:00 +0530</pubDate>
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      <title>1990 (8) TMI 380 - ORISSA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=156751</link>
      <description>Supply of sweets and tiffins was treated as a sale of goods where the dominant object of the transaction, on the facts, was sale rather than mere service. The taxing authorities&#039; factual finding on dominant character was entitled to finality in reference jurisdiction. The exemption under section 6(2) of the Constitution (Forty-sixth Amendment) Act, 1982 applied only to composite transactions within its scope and did not protect a transaction whose dominant nature was sale. Taxability also was not defeated by the dealer&#039;s failure to collect tax from customers, since liability under the charging provision remained on the dealer. The transaction was therefore exigible to tax.</description>
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      <pubDate>Fri, 17 Aug 1990 00:00:00 +0530</pubDate>
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