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    <title>2018 (7) TMI 1109 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>The levy rice procurement price was fixed as inclusive of all taxes, and the costing sheet showed that the tax element was already embedded in the procurement price. On that basis, an exempt rice miller could not separately demand recovery of the deducted tax component from the buyer, because any tax collected by an exempt dealer would not be retainable and would attract unjust enrichment principles. The High Court distinguished authority dealing with a seller-fixed price, since here the buyer had fixed the price and tax was built into it. The challenge failed and the petitions were rejected.</description>
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      <link>https://www.taxtmi.com/caselaws?id=363801</link>
      <description>The levy rice procurement price was fixed as inclusive of all taxes, and the costing sheet showed that the tax element was already embedded in the procurement price. On that basis, an exempt rice miller could not separately demand recovery of the deducted tax component from the buyer, because any tax collected by an exempt dealer would not be retainable and would attract unjust enrichment principles. The High Court distinguished authority dealing with a seller-fixed price, since here the buyer had fixed the price and tax was built into it. The challenge failed and the petitions were rejected.</description>
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      <pubDate>Thu, 12 Jul 2018 00:00:00 +0530</pubDate>
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