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2003 (9) TMI 345 - SC - VAT and Sales TaxWhether the compensatory nature of tax should be self-evident from the taxing law itself or could it be judged from the manner in which the tax Revenue is utilised in course of time? Held that:- Since the concept of compensatory tax has been judicially evolved as an exception to the provisions of article 301 and as the parameters of this judicial concept are blurred particularly by reason of the decisions in Bhagatram's case [1994 (11) TMI 337 - SUPREME COURT OF INDIA] and Bihar Chamber of Commerce's case (1996 (2) TMI 430 - SUPREME COURT OF INDIA) the interpretation of article 301 vis-a-vis compensatory tax should be authoritatively laid down with certitude by the Constitution Bench under article 145(3). In the circumstances let all these matters be placed before the honourable Chief Justice for appropriate directions.
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