Concession in VAT not applicable after rollback of Rise in Price of Petrol and Diesel

The notification dated 5th June, 2007 issued in terms of the proviso does not help the appellants. The proviso itself stipulated that the Government by a notification in the official gazette can withdraw the concession. Thus, the State Government had retained their right to ask the appellants to pay enhanced VAT on the basis of enhanced/ increased sale price with effect from 6th June, 2006 by issue of a notification and an amendment to the Act was not necessary. The last part of the proviso was to operate and was applicable in a different situation. This does not mean that the proviso has to be read in a manner that it is applied even after the roll back of the prices of petrol and diesel to the pre 6th June, 2006 level.

HIGH COURT OF DELHI 

+ SALES TAX APPEAL NOS. 6, 7, 10, 14, 16, 23, 25, 27/2012

% Date of Decision: 27th February, 2012

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