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    <title>2009 (3) TMI 970 - KERALA HIGH COURT</title>
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    <description>Section 55C of the Kerala General Sales Tax Act requires payments made after its commencement to be appropriated first towards interest and only thereafter towards principal, even if the dealer requests adjustment to principal. The Kerala HC held that the provision&#039;s non obstante language and plain text override any contrary appropriation request, and that section 59 of the Indian Contract Act does not control this statutory tax-debt setting. The saving clause protected only amounts already adjusted towards principal before the section came into force, while payments made after 1 January 2000 remained subject to the statutory rule. The challenge therefore failed, and the payments were to be applied first against interest.</description>
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    <pubDate>Fri, 06 Mar 2009 00:00:00 +0530</pubDate>
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      <title>2009 (3) TMI 970 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=165036</link>
      <description>Section 55C of the Kerala General Sales Tax Act requires payments made after its commencement to be appropriated first towards interest and only thereafter towards principal, even if the dealer requests adjustment to principal. The Kerala HC held that the provision&#039;s non obstante language and plain text override any contrary appropriation request, and that section 59 of the Indian Contract Act does not control this statutory tax-debt setting. The saving clause protected only amounts already adjusted towards principal before the section came into force, while payments made after 1 January 2000 remained subject to the statutory rule. The challenge therefore failed, and the payments were to be applied first against interest.</description>
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      <pubDate>Fri, 06 Mar 2009 00:00:00 +0530</pubDate>
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