COM. v. BECK ELEC. CONST., INC.


485 Pa. 604 (1979)

403 A.2d 553

COMMONWEALTH of Pennsylvania, Appellant, at No. 84 v. BECK ELECTRIC CONSTRUCTION, INC., Appellant, at

Supreme Court of Pennsylvania.

Decided July 5, 1979.


Attorney(s) appearing for the Case

Albert J. Tomalis, Jr., Harrisburg, for appellant in No. 80 and appellee in No. 84.

Paul S. Roeder, Deputy Atty. Gen., Dauphin, for appellee in No. 80 and appellant in No. 84.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.


OPINION OF THE COURT

ROBERTS, Justice.

Section 201(a) of the Tax Act of 1963 for Education imposes a "sales tax" upon "each separate sale at retail," to be "collected by the vendor from the purchaser" and "paid over to the Commonwealth."1 Where no sales tax is collected and paid, Section 201(b) imposes a "use tax" upon the "use" of tangible personal property "purchased at retail."2

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