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    <title>1994 (11) TMI 372 - ALLAHABAD HIGH COURT</title>
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    <description>Section 3-D of the U.P. Sales Tax Act applies the first-purchase levy only where the dealer is in fact a purchaser, and the deeming fiction in sub-section (7)(a) cannot be used against a commission agent who merely receives goods from principals for sale. The analysis notes that no prescribed proof requirement through rule 12-B and form III-C(2) existed until 4 March 1974, so goods received before that date could not be subjected to that later-form requirement. On that footing, the insistence on proving the principals&#039; tax payment was unwarranted, and the remand on that basis was held to be unsustainable.</description>
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    <pubDate>Mon, 14 Nov 1994 00:00:00 +0530</pubDate>
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      <title>1994 (11) TMI 372 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=157847</link>
      <description>Section 3-D of the U.P. Sales Tax Act applies the first-purchase levy only where the dealer is in fact a purchaser, and the deeming fiction in sub-section (7)(a) cannot be used against a commission agent who merely receives goods from principals for sale. The analysis notes that no prescribed proof requirement through rule 12-B and form III-C(2) existed until 4 March 1974, so goods received before that date could not be subjected to that later-form requirement. On that footing, the insistence on proving the principals&#039; tax payment was unwarranted, and the remand on that basis was held to be unsustainable.</description>
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      <pubDate>Mon, 14 Nov 1994 00:00:00 +0530</pubDate>
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