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    <title>2009 (10) TMI 864 - MADRAS HIGH COURT</title>
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    <description>For assessment years before 1 April 2002, food and drinks sold in hotels and restaurants under the unamended section 3D of the Tamil Nadu General Sales Tax Act, 1959 were taxable at a flat 2% rate. The provision, as it stood until 31 March 2002, did not distinguish between branded and unbranded items, and that distinction was introduced only by the amendment effective from 1 April 2002. The later clarification could not be applied retrospectively to years 1998-99 to 2001-02, so the proposed 16% levy was unsupported. The assessment therefore had to proceed at 2%.</description>
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      <link>https://www.taxtmi.com/caselaws?id=164623</link>
      <description>For assessment years before 1 April 2002, food and drinks sold in hotels and restaurants under the unamended section 3D of the Tamil Nadu General Sales Tax Act, 1959 were taxable at a flat 2% rate. The provision, as it stood until 31 March 2002, did not distinguish between branded and unbranded items, and that distinction was introduced only by the amendment effective from 1 April 2002. The later clarification could not be applied retrospectively to years 1998-99 to 2001-02, so the proposed 16% levy was unsupported. The assessment therefore had to proceed at 2%.</description>
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