Advocate Amit Bajaj

  • May
  • 05

Confusing law related to Monthly payment of taxes under Punjab VAT Act, 2005

Provisions of section 33 of Punjab VAT Act and Rule 36 makes the law confusing regarding the criteria for determining the periodicity of the payment of taxes by a taxable person.

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  • Apr
  • 11

Entry tax on Vehicles to be registered in Punjab but Purchase Outside

Entry tax on automobiles in Punjab, no more cheaper vehicles from other States due to difference in rate of tax Punjab Government has levied entry tax on all motor vehicles purchased from outside the State of Punjab but brought into the local areas of Punjab for registration under Motor Vehicles Act, 1988 vide notification dated [...]

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  • Apr
  • 10

Amendments towards implementation of E-trip in Punjab

Punjab VAT Act, 2005 has been amended empowering the Excise & Taxation Commissioner, Punjab to implement electronic governance for carrying out various provisions of the Act. This may be a step towards implementation of E-Trip in Punjab. A new Section 3-A under the Punjab VAT Act, 2005 has been inserted which runs as follows:

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  • Apr
  • 10

WCT Rate in Punjab enhanced from 5% to 6%

Advocate Amit Bajaj Section 27 of the Punjab VAT Act, 2005 has been amended to enhance the rate of Works Contract Tax i.e   tax to be deducted from payments made to contractors and sub-contractor, from 5% to 6%. Now after the above amendment rate of WCT will be 6% under Punjab VAT Act, 2005.

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  • Feb
  • 16

Penalty u/s 51 of Punjab VAT Act whether just and reasonable?

Section 51(7)(c) of Punjab VAT Act, 2005 prescribes penalty equal to 50% of the value of goods for not producing requisite documents i.e (Invoice/Delivery challan, Goods Receipt etc.) at the check post or Information collection centre with a view to attempt or avoid or evade the due tax.

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  • Feb
  • 10

Seller is an agent of Government or not-two opposite verdicts

Recently Punjab & Haryana High Court in Gheru Lal Bal Chand vs State of Punjab has held that no liability can be fastened on the purchasing registered dealer on account of non-payment of tax by the selling registered dealer in the treasury unless it is fraudulent, or collusion or connivance with the registered selling dealer or its predecessors with the purchasing registered dealer is established.

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  • Dec
  • 20

Taxability of set top boxes under Delhi VAT

Commissioner, VAT, Department of Trade and Taxes, Delhi has issued a circular CIRCULAR No 25 OF 2012-13 dated 14-12-2012 clarifying the taxability of set top boxes under Delhi VAT Act, 2004. It has been mentioned that set top boxes are being supplied by cable operators on lease basis against refundable securities.

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  • Nov
  • 26

Crucial date of sale for issuing C forms

C form is a form for the concessional rate of CST on the inter-state sale of goods and is issued by purchasing dealer in one State to the selling dealer in another State for the inter-state sales transactions done during the period of three months i.e a quarter.

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  • Nov
  • 17

‘Similarly Placed Person’ in context of Entry Tax Deferment in Punjab

As we know the Punjab Tax on Entry of Goods into Local Areas Act, 2000 was stayed by Punjab & Haryana High Court in Bhushan Power & Steel Limited vs State of Punjab in CWP 15378 of 2008. Thereafter a lot of writ petitions were filed challenging the said act on similar grounds as was in Bhushan Power & Steel case, whereby the Hon’ble High Court in CWP 18609 of 2011 passed the following order

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  • Oct
  • 18

Works Contract Service after Negative List-Part II(Reverse Charge Mechanism )

What is reverse charge: Before jumping to the reverse charge mechanism in works contract service, it is important to understand what is reverse charge. Normally service tax is payable by the service provider after charging/collecting the same from the service receiver.

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