Category: VAT
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 …
SC uphelds validity of rule 6(4)(m)(i) of Karnataka Sales Tax Rules read with Explanation III to Rule 6(4) ABCAUS Case Law Citation: ABCAUS 3044 (2019) (07) SC Important Case Laws Cited/relied upon by the parties: E.C.I.E. Pvt. Ltd. vs. Additional Deputy Commissioner, Commercial Taxes (Kar.) and Another 1999(114) …
Total turnover u/s 6B(1) of Karnataka Sales Tax Act does not mean taxable turnover for levy of turnover tax – Supreme Court ABCAUS Case Law Citation:ABCAUS 2848 (2019) (03) SC Important Case Laws Cited/relied upon by the parties Commissioner of Customs Vs. Dilip Kumar and Company and Others 2018(9) SCCIndra Das Vs. State of Assam 2011(3) SCC 380 and RakeshKumar Paul Vs. State of Assam 2017(15) SCC 67M/s. Hoechst Pharmaceuticals Ltd. and Others Vs. State of Bihar and Others 1983(4) SCC 45 The …
