Goods and Services Tax : Any hurry in implementing the GST, without giving proper time to the trade and industry, would result in lot of litigation and cha...
Goods and Services Tax : Definition of Aggregate turnover has been modified. Non-taxable supplies have been excluded from the aggregate turnover, while int...
Goods and Services Tax : On going through the Model IGST Law, it is noticed that many of the concessions/exemptions available hitherto under Central Sales ...
Goods and Services Tax : It is common experience of trade, industry and professionals to come across stay orders passed by appellate authorities in tax app...
Goods and Services Tax : Many a time, bank accounts are attached while stay petition filed by the dealer is pending before the appellate authority. Attach...
Income Tax : Long pending dispute regarding constitutional validity of entry tax levied by various States has been settled by Hon ‘bless Supr...
Service Tax : Appellant is the centrally registered taxpayer and the error committed could not be detected immediately and it took almost a mont...
Goods and Services Tax : In an important judgement in the case of Sri Anjaneya Agro Tech Private Limited Vs. The Dy. Commissioner of Commercial Taxes (Audi...
Goods and Services Tax : In the case of Sodexo SVC India Private Limited. Vs The State of Maharashtra and Others, Bombay High Court has held that Sodexo me...
Custom Duty : Customs Notification 102/97 Dt.14.09.2007 permitted importers to claim refund of Special Additional Customs Duty (SACD) paid on th...
Customs, Excise and Service Tax Appellate Tribunal Jaipur has ruled in the case of National Engineering Industries Ltd. Vs. Commissioner of Central Excise that CENVAT credit cannot be denied for non-registration of head office as Input Service Distributor (ISD), since omission to obtain registration as an ISD can at best be considered as procedural irregularity which cannot stand in the way of allowing substantial benefit of CENVAT credit,
The High Court of Patna has reaffirmed the legal position that State Governments are not competent to levy VAT on MRP in the case of M/s. Mapra Laboratories Pvt. Ltd., Vs. The Commercial Tax Officer, Special Circle, Patna.
In the case of DTH services, the only element involved in the transaction is Service and therefore the amount collected from the subscribers is liable for service tax. Since STBs are provided as a part of rendering services, no element of sale/transfer of right to use is involved in the transaction, to attract VAT/Sales Tax.
In another case of recovery of disputed dues by the Commercial Taxes department, by attaching the bank account of the assessee, during pendency of revision petition, the Hon ‘ble Madras High Court has directed the revision authority to dispose of the revision petition along with stay application within four weeks and kept the recovery in abeyance.
The fundamental principle of sales tax is that there should be sale of goods involving buyer and seller, there should be transfer of property in goods from the seller to the buyer and flow of consideration from the buyer to the seller. In case of samples issued by the assessee as a part of promotion program, first of all there is no buyer and seller, there is no transfer of property in goods and there is no consideration.
Movement of the goods either on intra-state or inter-state basis has been proving as a night mare for the assessees and transporters, in view of the wide mis-use of the powers relating to inspection, detention and seizure by the VAT department in many of the States.
E-Retailing transactions are growing by leaps and bounds, day by day, because of convenience, choice, cost competitiveness and transparency being offered. With increase in volume and value of these transactions, naturally taxman’s eyes are on these transactions, to explore the possibility of levy of VAT or CST as the case may be, and to investigate about possible evasion of tax.
Section 8 of the CST Act stipulates the rate of tax in case of inter-state sale of goods covered by registration certificate of the purchasing dealer as 2%, subject to furnishing of declaration form issued by the purchasing dealer to the selling dealer. The selling dealer is required to submit the declaration form to the assessing authority, to get assessed at concessional rate of tax. The declaration required to be furnished is Form ‘C’ as per Rule 12(1) of the CST Rules, 1957.
CA K. Jitendra Babu 1. Section 8 of the CST Act stipulates the rate of tax in case of inter-state sale of goods covered by registration certificate of the purchasing dealer as 2%, subject to furnishing of declaration form by the purchasing dealer to the selling dealer. The selling dealer is required to submit the declaration form to his assessing authority, to get assessed at concessional rate […]
It is very common in works contracts for the main contractor who got the work awarded in his name to off-load the work to sub-contractor(s). The sub-contractor procures the materials, installs the materials as per the contractual terms & conditions and transfer of property in the materials take place between the sub-contractor and contractee.
