https://www.taxtmi.com/caselaws?id=162913 An amalgamation given effect from a specified date treats the transferor and transferee as one corporate entity from that date, so post-effective-date inter-company stock movements are not taxable sales under the Central Sales Tax Act. Refund of tax wrongly collected is not automatic: the dealer must satisfy the statutory anti-pass-through condition and show the burden was not passed on, reflecting the unjust enrichment principle. Refund may also be withheld where a refund order is under challenge or related proceedings are pending, subject to the statutory approval mechanism. The note concludes that while the inter-company transactions escaped sales tax, refund remained controlled by statutory conditions and could not be claimed as of right. en-us Sun, 09 Jul 2006 00:00:00 +0530 Fri, 01 Sep 2017 11:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162913 An amalgamation given effect from a specified date treats the transferor and transferee as one corporate entity from that date, so post-effective-date inter-company stock movements are not taxable sales under the Central Sales Tax Act. Refund of tax wrongly collected is not automatic: the dealer must satisfy the statutory anti-pass-through condition and show the burden was not passed on, reflecting the unjust enrichment principle. Refund may also be withheld where a refund order is under challenge or related proceedings are pending, subject to the statutory approval mechanism. The note concludes that while the inter-company transactions escaped sales tax, refund remained controlled by statutory conditions and could not be claimed as of right. Case-Laws VAT and Sales Tax Sun, 09 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162913