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    <title>2007 (8) TMI 668 - GAUHATI HIGH COURT</title>
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    <description>The court found that the impugned levy, initially discriminatory, became non-discriminatory post-amendments. The entry tax was held to restrict the free movement of goods, necessitating compliance with Article 304(b). The levy was deemed not compensatory. Subsequent amendments requiring Presidential sanction were deemed necessary. Excessive delegation was not found in Section 3(4) of the Act. Omission of Section 3(4) affected pending proceedings but not finalized actions. The judgment was not prospective, and refunds were not automatic but subject to taxpayers proving non-transfer of tax burden. The court declared the Act, amendments, and notifications unconstitutional under Article 301, leaving refund decisions to the authority.</description>
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    <pubDate>Thu, 30 Aug 2007 00:00:00 +0530</pubDate>
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      <title>2007 (8) TMI 668 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=163141</link>
      <description>The court found that the impugned levy, initially discriminatory, became non-discriminatory post-amendments. The entry tax was held to restrict the free movement of goods, necessitating compliance with Article 304(b). The levy was deemed not compensatory. Subsequent amendments requiring Presidential sanction were deemed necessary. Excessive delegation was not found in Section 3(4) of the Act. Omission of Section 3(4) affected pending proceedings but not finalized actions. The judgment was not prospective, and refunds were not automatic but subject to taxpayers proving non-transfer of tax burden. The court declared the Act, amendments, and notifications unconstitutional under Article 301, leaving refund decisions to the authority.</description>
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      <pubDate>Thu, 30 Aug 2007 00:00:00 +0530</pubDate>
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