MVAT judiciary-2

MVAT assessment order passed manually should be served Manually too: HC

Greatship (India) Ltd. Vs State of Maharashtra (Bombay High Court)

Greatship (India) Ltd. Vs State of Maharashtra (Bombay High Court) 1. Manual Assessment order under Maharashtra VAT Act for Year 2015-16, purported to be passed on 20/03/2020 and served through email on 14/07/2020, held to be barred by limitation in absence of manual service in view of provisions under Maharashtra VAT Act. 2. Held to [&he...

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SC directs Bombay HC to hear issue of short tenure of 2 years for Members of Sales Tax Tribunal

Tax Bar Association Pune Vs The State of Maharashtra & Anr. (Supreme Court)

Supreme Court has directed that the Tax Bar Association v State of Maharashtra pending in the Bombay High Court which challenges the very short tenure of 2 years for Members of Sales Tax Tribunal should be heard finally on 22.2.2021. This is in view of desperate situation of vacancies in the Tribunal....

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Taking of services of operating cranes not amounts to transfer of right to use

Sanghavi Movers Ltd. Vs. State of Maharashtra (MSTT)

Sanghavi Movers Ltd. Vs. State of Maharashtra (Maharashtra Sales Tax Tribunal, Pune) Maharashtra Sales Tax Tribunal held that taking services of operating cranes from appellant to carry out work does not amount to ‘transfer of right to use’ the cranes. it held as follows:- i. VAT and CST levied by treating the transactions as ...

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Bombay HC refers matter of 10% Mandatory deposit under MVAT to Larger Bench

United Projects Vs State of Maharashtra (Bombay High Court)

The petitioners are aggrieved by the refusal of registration of their appeals filed under the Maharashtra Value Added Tax Act since they have not deposited the ten per cent of the disputed amount now mandated under the amended provision of Section 26 of the Act. They have challenged the validity of the amended provisions and the legislati...

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Repeal of VAT Act – Savings clause saves all rules, regulations, orders, notifications, etc

Magma Fincorp Limited Vs State of Maharashtra & Anr. (Bombay High Court)

Magma Fincorp Limited Vs State of Maharashtra & Anr. (Bombay High Court) Section 78 of Maharashtra Goods and Services Tax Related Laws (Amendments, Validation and Savings) Act, 2017, which saves Section 64 of Maharashtra Value Added Tax Act, 2002 is constitutionally valid. Bombay High Court has held that by virtue of Section 78 of Sta...

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Director Bank Account Attachment for default in MVAT Payment by Public Company is unjustified

Girdhari Lal Lath Vs.State of Maharashtra & Ors. (Bombay High Court)

Girdhari Lal Lath Vs. State of Maharashtra & Ors. (Bombay High Court) Since Sub Section (6) of Section 44 of the MVAT Act is subject to the Companies Act, 2013 the definitions and distinctions laid down in the Companies Act, 2013 vis-a-vis public company and private company would be applicable to Section 44(6) of the […]...

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HC directs dept to consider claim for issuance of ‘C’ Form on purchase of natural gas from Gujrat

Bombay Dyeing and Manufacturing Co. Ltd. Vs State of Maharashtra and Another (Bombay High Court)

Bombay Dyeing and Manufacturing Co. Ltd. Vs State of  Maharashtra (Bombay High Court) The Petitioner’s grievance is that the Respondents are not issuing Form C in respect of its purchase of natural gas from Gujrat. This is used in the manufacture of polyester staple fibre. Primarily, the contention of the Petitioner is that the sam...

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Classification of Hybrid Amplifier for MVAT: Under Accessory of Cable T.V. or general electronic item?

The Commissioner of Sales Tax Vs M/s Khush Bhakht Electronic Engineers Pvt.Ltd. (Bombay High Court)

The Commissioner of Sales Tax Vs M/s Khush Bhakht Electronic Engineers Pvt.Ltd. (Bombay High Court) Whether on the facts and circumstances of the case and on a true and correct interpretation of schedule entries C-II-124 and C-II-126, appended to the Bombay Sales Tax Act 1959, the Tribunal was legally justified in holding the impugned pro...

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3% Tax Rate benefit under MVAT Act cannot be given prior to 14.10.2017

Deepak Fertilisers and Petrochemicals Corporation Ltd. Vs The State of Maharashtra (Bombay High Court)

Deepak Fertilisers and Petrochemicals Corporation Ltd. Vs The State of Maharashtra (Bombay High Court) The only question that we have to consider is whether this concessional rate of duty could be availed of by the petitioner from 24.08.2017 to 13.10.2017. The intervening period where the taxable person under MGST Act does not continue to...

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MVAT: No Input Tax Credit on Goods not Resold within 6 Month period

Axis Mutual Fund Vs The State of Maharashtra (Bombay High Court)

During the course of assessment, the assessing authority has alleged that the petitioner is not eligible to claim any input tax credit as the goods purchased by the petitioner on which input tax credit is claimed are not resold within a period of six months from the date of purchase. Such allegation was raised based on the special provisi...

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