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1976 (3) TMI 212

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..... f 1970, is challenged as unconstitutional. Further, the assessment made by the Commercial Tax Officer, Second Circle, Udipi, dated 30th December, 1972, for the year ending 31st March, 1971, is asked to be quashed to the extent objected to, viz., the inclusion of a sum of Rs. 28,107.48 in computing the turnover. 2.. By Act No. 9 of 1970, section 6 of the original Act was substituted by another se .....

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..... in substance the same as was to be found in section 5A of the Kerala General Sales Tax Act, 1963. The provision in the Madras Sales Tax Act, which was section 7-A, was also similar to section 5A of the Kerala Act. In these circumstances, Shri U. L. Narayana Rao, the learned counsel for the petitioner, submitted that the challenge to the validity of section 6 cannot justifiably be maintained. The p .....

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..... appears prima facie that the sales take place only after transportation to Mangalore and the quantity to be sold is ascertained at that place and the price is also fixed there which includes not merely the price of the firewood but also the transport charges. This court cannot go into the correctness of the disputed questions of fact in a petition under article 226. If the petitioner was aggrieve .....

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