Trace Your Case

ISSUE:

Whether the appellant is entitled to a refund of sales tax paid under the State Act for yarn later sold in inter-State trade and taxed under the Central Sales Tax Act?

Whether the term "refunded" under Section 15(b) of the Central Sales Tax Act and the proviso to Section 4 of the State Act requires repayment to the original taxpayer or allows the State legislature to determine the party eligible for the refund?

RULE:

Legislative amendment of ambiguous provision by clarification need not be retrospective. The context, in which the word in a statute is used, should be used to determine the word’s meaning which reveals the intended legislative sense and purpose.

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