Goods and Services Tax : Classification of commodity under the Punjab Value Added Tax Act, 2005, is a matter of utmost importance in the charging of tax at...
Goods and Services Tax : Recently the Hon’ble Judges of the Hon’ble Punjab & Haryana High Court has clinched the issue by passing a landmark judgment r...
Classification of commodity under the Punjab Value Added Tax Act, 2005, is a matter of utmost importance in the charging of tax at the time of sale and purchase and in the assessment, because the application of rates of tax, exemptions and concession deeply, largely on the classification of the commodities, it is not a mechanical because different goods are classified differently by the authorities according to the language of the statute or the notification concerned. That the courts clarified the goods not the rate of tax applicable would be that which has been fixed by the State Government time to time by notifications.
Recently the Hon’ble Judges of the Hon’ble Punjab & Haryana High Court has clinched the issue by passing a landmark judgment reported in 40 PHT, page 145 regarding denial of input tax credit by the Assessing Authority on the ground that the dealer from whom the assessee has purchased goods have not deposited full tax in the Government Treasury. No liability can be fastened on the purchasing registered dealer on account of non-payment of tax by the selling registered dealer in the Government Treasury unless fraudulent or collusion or connivance with the registered selling dealer or its predecessors is established.
