Goods and Services Tax judiciary-2

12.5% Vat payable on Appy Fizz a fruit juice based drinks in Kerala: SC

M/S. Parle Agro (P) Ltd. Vs Commissioner of Commercial Taxes (Supreme Court of India)

The appellant, an assessee under the KVAT Act, classified the product, “Appy Fizz” as fruit juice based drink under Entry 71 of the notification issued under Section 6(1)(d) of Act, 2003 paid @ 12.5% VAT. In the year 2007, the Department initiated assessment proceedings against one of the distributors of the assessee finding that the ...

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SC Upheld validity of MVAT (Levy, Amendment and Validation) Act, 2009

Eurotex Industries and Exports Limited Vs State of Maharashtra & Anr. (Supreme Court of India)

SC upheld constitutional validity of the Maharashtra Value Added Tax (Levy, Amendment and Validation) Act, 2009 which amended certain provisions in the Maharashtra Value Added Tax Act, 2002 (MVAT Act) with retrospective effect from April 01, 2005. ...

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Railway catering services not exempt from sales tax: Bombay HC

Union of India Vs State of Maharashtra and Ors. (Bombay High Court)

The only contention and which has prevailed throughout is that the departmental catering service being a property of the Union of India through General Manager, Western Railway, it squarely falls within the exemption provision and particularly carved out by Article 285 of the Constitution of India. That exempts property of the Union from ...

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No VAT under Telangana VAT Act, 2005 on transfer of a business as a whole

M/s. Paradise Food Court Vs. State of Telangana (Andhra Pradesh High Court)

Click here to join Online GST Certification Course Jointly by GST Professionals & Taxguru.in  A careful look at the reason for Rule 36 being inserted, which cannot be correlated to anyone of the matters enumerated in Clauses (a) to (r) of sub-section (2) of Section 78, will show that in the entire Telangana VAT Act, […]...

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Delhi HC condemns VAT dept for deliberate delay in issue of VAT refund

Asian Polymers Vs Commissioner of Trade & Taxes & Anr (Delhi High Court)

Recently, in Asian Polymers Vs. Commissioner Of Trade & Taxes & Anr, the Delhi High Court reiterated that re-assessment cannot be used as a tool for causing delay in processing the refund applications. While scrapping the assessment orders passed by the DVAT Department, the division bench criticised the Officials in harsh words. ...

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Tax liability under Expenditure Tax on raising of a composite bill upon conclusion of hotel stay

Commissioner of Income Tax Vs Adyar Gate Hotel Ltd. (Madras High Court)

High Court held that under Expenditure Tax Act 1987 chargeable expenditure would be incurred only upon raising of a composite bill upon conclusion of hotel stay and not earlier....

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Refusal to accept notice sent by post is deemed service of notice

Commissioner of Sales Tax vs. Sunil Haribhau Pote (Bombay High Court)

Click here to join Online GST Certification Course Jointly by GST Professionals & Taxguru.in Admittedly, in the present case, there is an endorsement on the packet which was sent to the address of the noticee, namely, the sole proprietor; that the sole proprietor received it but refused to accept the same. When it was sent […]...

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UP VAT Registration cannot be denied for mere wrong Input Tax Credit claim

Sevak Enterprises Vs Commissioner, Commercial Tax (Allahabad High Court)

Justice Ashwani Kumar Mishra of Allahabad High Court held that, wrongful claim of Input Tax Credit (ITC) would not constitute sufficient ground for cancellation of registration of a dealer under UP Value Added Tax Act....

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Reopening for mere Mismatch Found with Dept Website not valid

M/s. JKM Graphics Solutions Private Limited Vs The Commercial Tax Officer (Madras High Court)

The respective Assessing Officers, either by themselves or on instructions from the Enforcement Wing officials have stated that there is mismatch of the details, disclosed in the returns compared with the details available with the Department....

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4% KVAT applicable on Iron and Steel used in construction of building

The State of Karnataka v/s M/s. Sai Sudheer Constructions (High Court of Karnataka)

Iron and Steel purchased by the respondent - assessee and used in the execution of the civil works contracts of the construction of the buildings, remains Iron and Steel as declared goods under the provisions of Section 14 of the Central Sales Tax Act, 1956 and therefore are taxable only at the concessional rate of 4% and not at 13% rate ...

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