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    <title>1954 (6) TMI 14 - THE EAST PUNJAB HIGH COURT</title>
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    <description>Article 363(1) did not bar the High Court from answering the income-tax reference because the dispute arose from the later assessment regime and the earlier Jind agreement, not from the covenant itself. The Court further stated that a pre-merger tax concession granted by a former sovereign is not enforceable in municipal courts after merger unless the successor sovereign recognises it. The PEPSU Administration Ordinances, by applying the Patiala income-tax law to the territory, were treated as displacing inconsistent prior concessions, including clause (23) of the 1938 agreement. The assessment was therefore governed by the PEPSU income-tax law rather than the earlier concessional arrangement.</description>
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    <pubDate>Mon, 07 Jun 1954 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=277464</link>
      <description>Article 363(1) did not bar the High Court from answering the income-tax reference because the dispute arose from the later assessment regime and the earlier Jind agreement, not from the covenant itself. The Court further stated that a pre-merger tax concession granted by a former sovereign is not enforceable in municipal courts after merger unless the successor sovereign recognises it. The PEPSU Administration Ordinances, by applying the Patiala income-tax law to the territory, were treated as displacing inconsistent prior concessions, including clause (23) of the 1938 agreement. The assessment was therefore governed by the PEPSU income-tax law rather than the earlier concessional arrangement.</description>
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