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    <title>1993 (7) TMI 330 - ORISSA HIGH COURT</title>
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    <description>Section 16A of the Orissa Sales Tax Act and rules 94 and 94A were examined as ancillary anti-evasion measures within the State&#039;s sales tax competence. The court held that the check-post machinery was not colourable legislation because it operated to prevent tax evasion rather than to disguise a restraint on trade. It also held that a temporary inspection or stoppage at check-posts is a regulatory measure and does not directly or immediately restrict trade, so it does not infringe article 301 or article 19(1)(g). The statutory check-post scheme was therefore upheld as a valid regulatory control.</description>
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    <pubDate>Thu, 29 Jul 1993 00:00:00 +0530</pubDate>
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      <title>1993 (7) TMI 330 - ORISSA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=157719</link>
      <description>Section 16A of the Orissa Sales Tax Act and rules 94 and 94A were examined as ancillary anti-evasion measures within the State&#039;s sales tax competence. The court held that the check-post machinery was not colourable legislation because it operated to prevent tax evasion rather than to disguise a restraint on trade. It also held that a temporary inspection or stoppage at check-posts is a regulatory measure and does not directly or immediately restrict trade, so it does not infringe article 301 or article 19(1)(g). The statutory check-post scheme was therefore upheld as a valid regulatory control.</description>
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      <pubDate>Thu, 29 Jul 1993 00:00:00 +0530</pubDate>
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