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    <title>2003 (1) TMI 658 - GAUHATI HIGH COURT</title>
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    <description>A retrospective amendment deeming transfer of property in goods under works contracts as a sale may validly enlarge tax liability, but its operation must remain just and practicable. It could not be applied to completed contracts under work orders issued before the amendment was notified, because the contractor could not have adjusted the agreed consideration or foreseen the enhanced burden. However, for works contracts still subsisting after the amendment came into force, the higher tax rate could apply to the taxable turnover for the continuing period, with reimbursement of the additional tax payable from the awarding authority.</description>
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    <pubDate>Fri, 10 Jan 2003 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=161281</link>
      <description>A retrospective amendment deeming transfer of property in goods under works contracts as a sale may validly enlarge tax liability, but its operation must remain just and practicable. It could not be applied to completed contracts under work orders issued before the amendment was notified, because the contractor could not have adjusted the agreed consideration or foreseen the enhanced burden. However, for works contracts still subsisting after the amendment came into force, the higher tax rate could apply to the taxable turnover for the continuing period, with reimbursement of the additional tax payable from the awarding authority.</description>
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      <pubDate>Fri, 10 Jan 2003 00:00:00 +0530</pubDate>
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