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    <title>2004 (6) TMI 598 - JHARKHAND HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=161937</link>
    <description>The challenge to the amended tax deduction scheme was not barred by res judicata because the later proviso and notification introduced a materially new legal regime not examined in the earlier decision. On merits, the scheme remained unconstitutional because it still operated on gross bill value without a workable mechanism to identify, even roughly, the deductible taxable components before deduction began, and it continued to reach transactions and components beyond the State&#039;s taxing power. The arrangement was therefore treated as speculative, arbitrary, unreasonable, and incapable of practical implementation, and the tax deduction provision read with the notification was invalidated.</description>
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    <pubDate>Wed, 30 Jun 2004 00:00:00 +0530</pubDate>
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      <title>2004 (6) TMI 598 - JHARKHAND HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=161937</link>
      <description>The challenge to the amended tax deduction scheme was not barred by res judicata because the later proviso and notification introduced a materially new legal regime not examined in the earlier decision. On merits, the scheme remained unconstitutional because it still operated on gross bill value without a workable mechanism to identify, even roughly, the deductible taxable components before deduction began, and it continued to reach transactions and components beyond the State&#039;s taxing power. The arrangement was therefore treated as speculative, arbitrary, unreasonable, and incapable of practical implementation, and the tax deduction provision read with the notification was invalidated.</description>
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      <pubDate>Wed, 30 Jun 2004 00:00:00 +0530</pubDate>
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