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Claim of entry tax deemed as advance tax under Punjab VAT Act not to be conditional

August 18, 2013 7434 Views 0 comment Print

Introduction: Entry Tax is a tax levied under the Punjab Tax on Entry of Goods into Local Areas Act, 2000. It is levied u/s 3-A of the said Act on a dealer who is bringing the goods into local areas of Punjab.Entry tax can be claimed as input tax credit by a person paying such […]

Validity of processing fee under rule 40-A of Punjab VAT Rules, 2005

August 17, 2013 1885 Views 0 comment Print

Punjab Government levied an annual processing fee of Rs. 800 last year by way of Rule 40-A of Punjab VAT Rules, 2005 on all the taxable persons. Rule 40-A of Punjab VAT Rules, 2005 runs as under:

E-trip in Punjab-an uncontrolled delegated legislation?

August 6, 2013 1018 Views 0 comment Print

The area of trade, commerce and business is at present under a rigourous administrative regulation. Broad powers to regulate trade and commerce have been conferred on administrative authorities through statutes or rules. Legislature sometimes leave a large amount of discretion in the hands of administrative authorities. Legislation conferring powers on the executive sometimes is drafted […]

Issuing C form is statutory obligation of buyer, can be enforced by a writ petition in HC

July 8, 2013 56786 Views 35 comments Print

Many a times I receive queries on a common problem faced by many dealers all over India that what to do when the interstate purchaser of goods refuses or does not issue the requisite C forms after purchasing the goods at concessional rate of CST @ 2%.

Authority for advance ruling under State VAT Act cannot give clarifications under CST Act

July 3, 2013 3352 Views 0 comment Print

Andhra Pradesh High court in Prathista Industries Limited vs Commercial tax Officer [2013] 61 VST 58 (AP) has held that Authority for advance ruling under State VAT Act cannot act as Authority for Advance Ruling under Central sales Tax Act, 1956.

Service Tax on Builders – Tax Provisions in brief

June 17, 2013 31273 Views 0 comment Print

The revenue and the builders have always been at dispute when comes to leviability of service tax on the consideration received in advance by the builders/developers from the prospective buyers of immovable property to be constructed. After the negative list regime the construction of a complex, building, civil structure or a part thereof, including a […]

No disallowance of Input Tax Credit for merely not charging VAT seperately in invoice

June 7, 2013 4214 Views 0 comment Print

Punjab VAT Tribunal in The 21st Century Builders and Engineers vs State of Punjab VSTI 2013 17 C-388 has held that input tax credit cannot be disallowed merely on the technical ground that VAT has not been charged separately in VAT invoice, when tax charged on such VAT invoice is duly deposited by the seller.

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

May 5, 2013 1744 Views 0 comment Print

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.

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

April 11, 2013 3055 Views 0 comment Print

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 […]

Amendments towards implementation of E-trip in Punjab

April 10, 2013 1556 Views 0 comment Print

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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