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1948 (9) TMI 7 - HC - VAT and Sales TaxExtract: .......z., failure to pay the tax due, was committed and before that question can be decided, it is fully open to the accused to prove that the tax was not lawfully due and that no offence was there- fore committed. The petition is allowed. The learned Magistrate will dispose of the case in the light of the observations of this judgment. Petition allowed.
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