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    <title>1998 (2) TMI 553 - GAUHATI HIGH COURT</title>
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    <description>Under a levy confined to the point of last purchase, unmilled paddy remaining in stock could not be taxed merely because it was on hand at the close of the period or because the statute was later repealed. Taxability depended on proof that the goods had in fact acquired the character of last purchase within the relevant period, and revenue concerns could not replace that requirement. The dealer&#039;s disclosure of the stock in the return, supported by account books and the stock register, discharged the statutory burden, as there was no finding that the disclosure was false or that the stock did not exist. The assessment and revisional orders were quashed, with liberty for fresh assessment according to law.</description>
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      <title>1998 (2) TMI 553 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=159230</link>
      <description>Under a levy confined to the point of last purchase, unmilled paddy remaining in stock could not be taxed merely because it was on hand at the close of the period or because the statute was later repealed. Taxability depended on proof that the goods had in fact acquired the character of last purchase within the relevant period, and revenue concerns could not replace that requirement. The dealer&#039;s disclosure of the stock in the return, supported by account books and the stock register, discharged the statutory burden, as there was no finding that the disclosure was false or that the stock did not exist. The assessment and revisional orders were quashed, with liberty for fresh assessment according to law.</description>
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