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    <title>2015 (11) TMI 1635 - KERALA HIGH COURT</title>
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    <description>A turnover-based levy on specified textile articles was upheld as a valid sales tax within State competence, since its character remained a tax on sale of goods and not an income tax merely because it was measured by turnover and no input credit or pass-through was allowed. The provision was, however, read down so that constitutionally immune transactions under Article 286 and the restrictions on declared goods under the Central Sales Tax Act were excluded from the taxable base. Tax collected during the interim period on articles outside the amended entries was held refundable under the provisional collection statute, and the assessment and penalty orders were set aside for fresh consideration within those limits.</description>
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    <pubDate>Wed, 25 Nov 2015 00:00:00 +0530</pubDate>
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      <title>2015 (11) TMI 1635 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=189780</link>
      <description>A turnover-based levy on specified textile articles was upheld as a valid sales tax within State competence, since its character remained a tax on sale of goods and not an income tax merely because it was measured by turnover and no input credit or pass-through was allowed. The provision was, however, read down so that constitutionally immune transactions under Article 286 and the restrictions on declared goods under the Central Sales Tax Act were excluded from the taxable base. Tax collected during the interim period on articles outside the amended entries was held refundable under the provisional collection statute, and the assessment and penalty orders were set aside for fresh consideration within those limits.</description>
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      <pubDate>Wed, 25 Nov 2015 00:00:00 +0530</pubDate>
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