Goods and Services Tax : In this article I would be throwing light on the process required for approval of GST Bill by Loksabha and Rajyasabha and ratifica...
Goods and Services Tax : Classification of Various Business Models under E-Commerce as Electronic Commerce Operator, Aggregator or otherwise-I had classifi...
Goods and Services Tax : In this articles I have analysed Key Terms in Draft GST Law for E-Commerce Platforms engaged in providing or facilitation of servi...
Goods and Services Tax : In this update I have discussed various business models under which E-Commerce portals engaged in or facilitating buying or sellin...
Goods and Services Tax : In this update, I have attempted to discuss definition of electronic commerce comprehensively, keeping in background technical ter...
Common Parlance Test is the most common test used for classification of goods for Levy of Tax under Sales Tax Law. The test has been commonly referred to by the Courts in their judgements. While analysing classification of goods for the purpose of levy of tax, some of the questions and factors which come into the mind are as follows:
Longstanding and never ending has been the debate regarding what is penalty and whether mens rea is an essential ingredient in levy of penalty or bonafide belief that what was being done was correct would hold good and save the offender from penalty. Over the years the law has evolved and Courts of Law have tried to lay down a law providing clarity in this regard.
In my opinion, in the present scenario collection of taxes from builders and developers in the State of Rajasthan for the period between 1st April 2014 to 13th July 2014 would not be valid proposition as analyzed on the basis of principles laid down by Hon’ble Apex Court and Punjab and Haryana High Court.
Recently there have been a slew of decisions on the matter of allowability of Input Tax Credit by various High Courts including Hon’ble Rajasthan High Court and Rajasthan Tax Board. This article aims to critically analyse the effect of recent judgments in terms of provisions of Rajasthan Value Added Tax Act 2003 and earlier judgments relating to Input Tax Credit delivered by Bombay and Delhi High Court.
