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Case Law Details

Case Name : Commissioner Vs Sanya Construction And Developers Pvt. Ltd. (Allahabad High Court)
Appeal Number : Sales/Trade Tax Revision No. - 94 of 2023
Date of Judgement/Order : 23/11/2023
Related Assessment Year :
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Commissioner Vs Sanya Construction And Developers Pvt. Ltd. (Allahabad High Court)

Introduction: The Allahabad High Court recently rendered a significant decision in the case of Commissioner vs Sanya Construction and Developers Pvt. Ltd., pertaining to the UPVAT Rules. This article provides an in-depth analysis of the court’s ruling on the stricter approach to be followed before granting benefits of exemptions and deductions.

Detailed Analysis:

1. Background of the Case: The case involves a revision application under Section 58 of the U.P. Value Added Tax Act, 2008, for the Assessment Year 2012-13. The primary focus is on two questions of law related to the reduction of turnover and the legitimacy of expense reduction.

2. Legal Arguments: The revisionist argues that the specific execution of a work contract and the import of goods from outside the State of U.P. were not adequately established by the assessee. Emphasis is placed on Rule 9 of the Value Added Tax Rules.

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