Category: VAT

Benefit of ITC accrued under UP VAT Act to dealers after introduction of GST Act 2017 though having closing stocks – SC admits Petition Supreme Court admits Petition on the issue whether after the introduction of the Goods and Services Tax Act from 1st July 2017, the registered …

ITC can not be denied to purchaser who had paid due taxes on invoice raised where the seller did not deposit the collected tax with the Government. In a recent judgment, Hon’ble Supreme Court has held that Input Tax Credit can not be denied to the registered purchaser …

Trade Tax Department was unjustified in retaining refund beyond stipulated period and adjusting it against default notices issued subsequently. In a recent judgment, the Hon’ble Supreme Court has held that Trade Tax Department was not justified in retaining refund amount beyond the stipulated period and then adjusting refund …

Men-rea on the part of the assessee is an essential pre-requisite condition for imposition of penalty under Section 54(1)(2) of the U.P. VAT Act, 2008 – Allahabad High court In a recent judgment, the Hon’ble Allahabad High Court has held that men-rea on the part of the assessee …

Disallowance of ITC under UP VAT Act 2008 not same as in Karnataka VAT Act with respect to by-product/exempt goods – Supreme Court allows ITC ABCAUS Case Law Citation:ABCAUS 3813 (2023) (11) SC Important Case Laws relied upon by parties:State of Karnataka v. M.K. Agro Tech Private Limited, …

Goods manufactured using advance modern/ technology not diversification i.e. different commercial activity – Supreme Court denies exemption u/s 4A of UP Trade Tax Act.  ABCAUS Case Law Citation ABCAUS 3632 (2023) (01) SC Important Case Laws relied upon:Commissioner of Sales Tax, Orissa and Anr. Vs. Jagannath Cotton Company …

Plurality of transactions no condition to be classified as Casual Trader under Rajasthan Sales Tax Act – Supreme Court. Grammatical construction may be departed from to avoid anomaly – Supreme Court ABCAUS Case Law CitationABCAUS 3444 (2021) (01) SC Important case law relied referred:Tirath Singh vs. Bachittar Singh …

Based on only one fake tax invoice, evaded sales could not be assessed at 100% of the disclosed sales – High Court ABCAUS Case Law CitationABCAUS 3431 (2020) (12) HC Important case law relied upon by the parties:M/S Kapil Kumar & Brothers, Gautam Budh Nagar vs. Commissioner of …

Waiver of outstanding interest and penalty scheme of UP Commercial Tax Department As per the Notification issued in this regard, the waiver scheme shall apply to pending demands /penalty arising out of all orders passed till 31.03.2019.  The Scheme applies to all orders passed under U.P. Trade Tax …

Incidence of Central Sales Tax occurs where the goods are appropriated to the contract. Supreme Court dismissed SLP of VAT Department ABCAUS Case Law Citation:ABCAUS 3221 (2020) (01) SC Important case law relied upon by the parties:Larsen and Tourbo Limited Vs. State of Karnatka (2014) 1 SCC 708.Thyseenkrupp …