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    <title>1957 (3) TMI 81 - HIGH COURT OF ANDHRA PRADESH</title>
    <link>https://www.taxtmi.com/caselaws?id=291771</link>
    <description>Section 80 CPC notice was treated as substantially compliant because it conveyed the essential grievance of illegal sales tax collection and refund, despite different wording on coercion or protest. A suit to recover tax illegally collected was held governed by Article 62 of the Limitation Act, not Section 18 of the Madras General Sales Tax Act, and civil court jurisdiction was not excluded merely because statutory remedies existed. On the sales issue, transactions were taxable outside the Province only where property passed on delivery of railway receipts against payment under a reserved right of disposal; other transactions were treated as sales within the Province. A composite assessment including non-taxable turnover was unsustainable where severance was not possible.</description>
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    <pubDate>Fri, 22 Mar 1957 00:00:00 +0530</pubDate>
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      <title>1957 (3) TMI 81 - HIGH COURT OF ANDHRA PRADESH</title>
      <link>https://www.taxtmi.com/caselaws?id=291771</link>
      <description>Section 80 CPC notice was treated as substantially compliant because it conveyed the essential grievance of illegal sales tax collection and refund, despite different wording on coercion or protest. A suit to recover tax illegally collected was held governed by Article 62 of the Limitation Act, not Section 18 of the Madras General Sales Tax Act, and civil court jurisdiction was not excluded merely because statutory remedies existed. On the sales issue, transactions were taxable outside the Province only where property passed on delivery of railway receipts against payment under a reserved right of disposal; other transactions were treated as sales within the Province. A composite assessment including non-taxable turnover was unsustainable where severance was not possible.</description>
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      <pubDate>Fri, 22 Mar 1957 00:00:00 +0530</pubDate>
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