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    <title>2010 (3) TMI 1040 - ALLAHABAD HIGH COURT</title>
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    <description>Tax treatment of a purportedly segregated tax component depended on the true nature of the sale agreement and whether the price was composite or tax had been separately collected; mere book segregation was insufficient, so the turnover issue required fresh examination. A remand on exemption under section 4AA was held unauthorised because that question was not in appeal and had already been accepted at assessment stage; the appellate authority could not reopen it, and the Tribunal&#039;s endorsement of that remand was unsustainable. The matter was sent back for fresh decision on the relevant issues after hearing the assessee, with recovery stayed pending fresh orders.</description>
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    <pubDate>Thu, 18 Mar 2010 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=165345</link>
      <description>Tax treatment of a purportedly segregated tax component depended on the true nature of the sale agreement and whether the price was composite or tax had been separately collected; mere book segregation was insufficient, so the turnover issue required fresh examination. A remand on exemption under section 4AA was held unauthorised because that question was not in appeal and had already been accepted at assessment stage; the appellate authority could not reopen it, and the Tribunal&#039;s endorsement of that remand was unsustainable. The matter was sent back for fresh decision on the relevant issues after hearing the assessee, with recovery stayed pending fresh orders.</description>
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      <pubDate>Thu, 18 Mar 2010 00:00:00 +0530</pubDate>
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