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    <title>1994 (12) TMI 318 - MADRAS HIGH COURT</title>
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    <description>Amounts recovered by a second seller in excess of the price paid at the earlier stage were treated as collections by way of tax, where invoices and accounts showed that the sums corresponded to the applicable tax and surcharge. The Court held that such excess recovery could not be treated as mere profit absent a convincing basis for a consolidated price unconnected with tax collection. On those facts, the collection fell within section 22(1) of the Tamil Nadu General Sales Tax Act, 1959, and penalty under section 22(2) was properly attracted; the Tribunal&#039;s deletion of penalty was set aside.</description>
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    <pubDate>Wed, 14 Dec 1994 00:00:00 +0530</pubDate>
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      <title>1994 (12) TMI 318 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=158575</link>
      <description>Amounts recovered by a second seller in excess of the price paid at the earlier stage were treated as collections by way of tax, where invoices and accounts showed that the sums corresponded to the applicable tax and surcharge. The Court held that such excess recovery could not be treated as mere profit absent a convincing basis for a consolidated price unconnected with tax collection. On those facts, the collection fell within section 22(1) of the Tamil Nadu General Sales Tax Act, 1959, and penalty under section 22(2) was properly attracted; the Tribunal&#039;s deletion of penalty was set aside.</description>
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      <pubDate>Wed, 14 Dec 1994 00:00:00 +0530</pubDate>
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