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[Cites 0, Cited by 0] [Section 4] [Entire Act]

UT Chandigarh - Subsection

Section 4(1) in The Punjab General Sales Tax (Amendment and Validation) Act, 1987

(1)The provision of the principal Act relating to tax on the sale or purchase of goods shall be deemed to include, and shall be deemed always to have included, a tax (hereinafter in this section referred to as the aforesaid tax) on the supply, by way of or as part of any service or in any other manner whatsoever, of goods being food or any other article for human consumption or any drink (whether or not intoxicating) for cash, deferred payment or other valuable consideration, and every transaction by way of supply of the nature referred to above made before or after the commencement of the Constitution (Forty-sixth Amendment) Act, 1982 shall be deemed to be, and shall be deemed always to have been, a transaction by way of sale, with respect to which the person making such supply is the seller and the person to whom such supply is made, is the purchaser, and notwithstanding any judgment, decree or order of any court, tribunal or authority, no provisions of the principal Act which imposed or authorised the imposition of, or purported to impose or authorise the imposition of, the aforesaid tax shall be deemed to be invalid or ever to have been invalid, and accordingly.-
(a)the aforesaid tax levied or collected or purporting to have been levied or collected under the principal Act shall be deemed always to have been validly levied or collected in accordance with law;
(b)all acts, proceedings or things done or actions taken in connection with the assessment and of the aforesaid tax by any officer appointed by the State Government under the principal Act shall be and shall always be deemed to have been done or taken in accordance with law;
(c)no suit or other preceding shall be maintained or continued in any court or before any tribunal or authority for the refund of, and no enforcement, shall be made by any court, tribunal or authority of any decree or order directing the refund of, any such aforesaid tax which has been collected.
(d)assessment, reassessment and recoveries of aforesaid tax if not already made, shall be made in accordance with the principal Act, as amended by this Act, notwithstanding anything contained in the principal Act.