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Report No. 61

Dealing with a twilight zone whose boundaries should be defined with care.- In this way, we may hope to define clearly limits of scope of Article 286(1)(b). There is no doubt that we are dealing with a twilight zone, but to mark out and delimit its outer boundaries is our task, however difficult it may be. This much is certain that twilight zone does not fall within the area of complete darkness. Twilight is intimately and directly connected with light, it is in a sense part of the light. There is a natural and direct link between twilight and light. At every moment twilight before the morning is gradually and imperceptibly approaching, and evolving itself into, light of the day and at every moment twilight before night is gradually and imperceptibly receding from the light of the day and involving itself into darkness of the night.

Therefore, in connection with the affairs of men, one is justified in treating twilight as part of light instead of treating it as part of darkness, and then try to draw the boundary-line beyond which one should not go. To demarcate and delineate that correct boundary-line is therefore the problem and to find a solution of the problem by a pragmatic approach based upon all relevant facts and circumstances of the situation is the reward which Law, the matrix of all social sciences, hold out to those who submit to its rigorous discipline.

Certain Problems connected with Powers of the States to Levy a Tax on the Sale of Goods and with the Central Sales Tax Act, 1956 Back

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