<?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>1957 (3) TMI 80 - HIGH COURT OF ANDHRA PRADESH</title>
    <link>https://www.taxtmi.com/caselaws?id=291770</link>
    <description>Limitation for refund suits depended on the nature of the payment: advance payments of sales tax not made under protest or in satisfaction of a revenue demand fell under Article 62 of the Limitation Act, so the refund suits were within time. A Section 80 CPC notice was valid because it substantially informed the Government of the illegal tax levy complained of, and reference to an appeal did not vitiate it. Applying sale of goods principles, property passed on delivery to the railway where no reservation of disposal was proved, so the sales in categories 2 and 3 were taxable within Madras. Because the assessment was composite and inseparably mixed taxable and non-taxable turnover, the illegal portion vitiated the whole assessment.</description>
    <language>en-us</language>
    <pubDate>Tue, 12 Mar 1957 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 24 Nov 2020 16:42:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=628474" rel="self" type="application/rss+xml"/>
    <item>
      <title>1957 (3) TMI 80 - HIGH COURT OF ANDHRA PRADESH</title>
      <link>https://www.taxtmi.com/caselaws?id=291770</link>
      <description>Limitation for refund suits depended on the nature of the payment: advance payments of sales tax not made under protest or in satisfaction of a revenue demand fell under Article 62 of the Limitation Act, so the refund suits were within time. A Section 80 CPC notice was valid because it substantially informed the Government of the illegal tax levy complained of, and reference to an appeal did not vitiate it. Applying sale of goods principles, property passed on delivery to the railway where no reservation of disposal was proved, so the sales in categories 2 and 3 were taxable within Madras. Because the assessment was composite and inseparably mixed taxable and non-taxable turnover, the illegal portion vitiated the whole assessment.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Tue, 12 Mar 1957 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=291770</guid>
    </item>
  </channel>
</rss>