Goods and service Tax News, Articles and Notification

DVAT for Works Contractors – Jargon Simplified

Works Contract has always been a matter of dispute for judiciary as well as professionals. The Complexity of transactions can briefly be gauged from the fact that applicable provisions include levy of Sales Tax (As per State Acts), Service Tax (As per Central Government), TDS and WCT Deductible (as required in most of state act) all on one single running bill of a Larger Work Contract. The Fact that one Single Works Contract may run into years and thereby resulting in tr..
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Time barred assessment is void ab-initio,no need to deposit 25% u/s 62(5) under PVAT Act, 2005

Punjab VAT Tribunal is a very important case namely Baba Ji Rice Mills, vs. State of Punjab (2012) 41 PHT 197 (PVT) has held that once the case is hit by point of limitation,payment of 25% of the additional demand not essentially to be adjudicated. It is notable here that as per section 62(5) of Punjab VAT Act, 2005 prior payment of 25% of additional demand is mandatory before any appeal is being heard.
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Power Delegation Under Section 64 of MVAT Act 2002 – DC (A and R)/VAT/PWR(INV)/2006/3/Adm-6 Dated 04/02/2012

In exercise of the powers conferred by sub-section (6) of section 10 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005) and in supersession of the order No. DC (A & R)/ VAT/PWR(INV)/2006/3/Adm-6 dated 9th August 2011, the Commissioner of Sales Tax, Maharashtra State, Mumbai, is hereby pleased to delegate the powers and duties under sub-sections (3) and (4) of section 64 of the Maharashtra Value Added Tax Act, 2002 and rule 69 of the Maharashtra Value Added Ta..
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No VAT on Goods Sold by Duty Free Shops – SC

SC set aside the assessment of VAT under the Karnataka Value Added Tax Act, on the sale of liquor and other imported goods at Bangalore International Airport by Hotel Ashoka, run by the India Tourism Development Corporation. At these duty free shops, the hotel sells several articles including liquor to foreigners and also to Indians, who are going abroad or coming to India by air.
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Exemption scheme benefit not available as assessee fails to start production at its refinery during the qualifying period

State of Gujarat & Ors Vs Essar Oil Ltd. & Anr (Supreme Court) - This appeal is directed against the judgment of the High Court of Gujarat dated 22.04.2008 in Special Civil Application No.24233/2007, whereby the Respondent No. 1 herein, Essar Oil Limited (hereinafter 'Essar') was given the benefit of Sales Tax incentive under the Government of Gujarat 'Capital Investment Incentive to Premier/Prestigious Unit Scheme, 1995-2000' (hereinafter 'the said Scheme').
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MVAT – Additional List of Suspicious Dealers who has issued false bills without delivery of goods

Maharashtra Sales tax Department on its website hosted the List of Suspicious Dealers who has issued false bills without delivery of goods on its website. Sales Tax Department has first issued a list of 698 Dealers around a month back on 21.11.2011. Now the Sales tax Department has issued Additional List list of dealers who it is suspected List of Suspicious Dealers who has issued false bills without delivery of goods. The List can be downloaded from the Links GIven be..
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Maharashtra VAT – Extension of last date for filing of e-return & e-refunds application

The Internet Service Provider for website of the Maharashtra Sales Tax department is M/s Airtel Major fire broke out in one of the network centers of the said service provider on 27.12.2011. Due to the fire, the web site www.mahavt.gov.in was not available through internet from 27/12/2011 to 30/12/2011.
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Maharashtra – Electronic payment under the Profession Tax Act, 1975

The dealers under the MVAT Act 2002 and the CST Act 1956 are successfully using the facility of filing electronic returns and making e payments on www.mahavat.gov.in. the web site of Maharashtra Sales Tax department (MSTD) This facility was to be provided to the profession tax registration certificate holders (PTRC) and the profession tax enrollment certificate holders (PTEC). The Profession Tax Act was accordingly amended w.e.f. 1st May 2010 by inserting section 7A to p..
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