<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2014 (7) TMI 320 - GAUHATI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=249283</link>
    <description>A controlled supply of country spirit under a statutory contract was treated as a sale because the arrangement still involved transfer of goods for price with mutual assent, even though the transaction was heavily regulated; the deeming provision making the licensed contractor the first point seller was therefore within legislative competence and the supply was exigible to sales tax. Section 4 of the Assam General Sales Tax Act, 1993 could not validly exclude the High Court&#039;s writ jurisdiction under articles 226 and 227, since constitutional judicial review cannot be ousted; the provision was unconstitutional to that extent but was saved by reading it down to preserve writ jurisdiction.</description>
    <language>en-us</language>
    <pubDate>Mon, 25 Jul 2011 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 09 Jul 2014 19:55:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=359167" rel="self" type="application/rss+xml"/>
    <item>
      <title>2014 (7) TMI 320 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=249283</link>
      <description>A controlled supply of country spirit under a statutory contract was treated as a sale because the arrangement still involved transfer of goods for price with mutual assent, even though the transaction was heavily regulated; the deeming provision making the licensed contractor the first point seller was therefore within legislative competence and the supply was exigible to sales tax. Section 4 of the Assam General Sales Tax Act, 1993 could not validly exclude the High Court&#039;s writ jurisdiction under articles 226 and 227, since constitutional judicial review cannot be ousted; the provision was unconstitutional to that extent but was saved by reading it down to preserve writ jurisdiction.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Mon, 25 Jul 2011 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=249283</guid>
    </item>
  </channel>
</rss>