Case Law Details
Indian Oil Corporation Limited Vs Deputy Commissioner (ST) (Madras High Court)
Madras High Court directed Assessing Officer to pass a speaking order, after hearing the petitioner in full, with regard to determination of appropriate rate of tax on Aviation Turbine Fuel (ATF).
Facts-
The petitioner has supplied Aviation Turbine Fuel (ATF) to various entities, airlines as well as other organisations and institutions. The returns filed by the petitioner for the period 2009-10 were taken up for assessment, pursuant to audit conducted in their place of business.
One of the issues that came to the attention of the officer related to the rate of tax on the ATF. He appeared to differ with the petitioner that the rate of tax ought not to be the concessional rate of 4% as claimed by the petitioner and had, in the pre-assessment notices, called for various particulars in support of the concession claimed.
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