Goods and Services Tax : Tax evasion attempt is punishable under Indian Penal Code. Learn how Deepak Kumar v. State of Punjab proved that Indian Penal Code...
Goods and Services Tax : User Manual For Registration of Profession Tax Steps to navigate through Single Window Portal to apply for Registration under Prof...
Goods and Services Tax : With the advent of GST and dawn of old indirect tax regime in the form of VAT, service tax and central excise etc, the State and...
Goods and Services Tax : Punjab State Development Tax Rules, 2018 Background: On 16th April 2018 Governor of Punjab gave assent to new act called THE PUNJA...
Goods and Services Tax : The First step towards the transaction of GST will be the carry forwarding of the Inputs held in stock on the appointed day and it...
Goods and Services Tax : Request to implement One Time Settlement (OTS) in VAT Assessment cases of small taxpayers from Punjab i.e. below annual turnover O...
Goods and Services Tax : Extension of Due date of filing of Punjab VAT Annual return VAT-20 for year 2016-17 from 30th November 2017 to 08th December 2017...
Goods and Services Tax : Advocate Amit Bajaj Section 27 of the Punjab VAT Act, 2005 has been amended to enhance the rate of Works Contract Tax i.e tax t...
Goods and Services Tax : Punjab VAT has notified all Tax Payers, VAT consultants, CA’s and all other stake holders that Department of Excise and Taxation...
Goods and Services Tax : At present, the information regarding goods being brought into and moving out of the state of Punjab (Inter-state transactions) is...
Goods and Services Tax : Explore the Shiva TexFabs Ltd. vs. State of Punjab case. Learn how Punjab & Haryana High Court reduced pre-deposit under VAT Act d...
Goods and Services Tax : Punjab and Haryana High Court held that if a special provision has been made qua a particular subject (here Value Added Tax), the ...
Goods and Services Tax : Rakesh Jewellers Vs State of Punjab (VAT Appellate Tribunal, Punjab) Brief facts relevant for the decision of the present appeal a...
Goods and Services Tax : Sunyana Sales Corporation Vs State of Punjab (Punjab VAT Tribunal) The Hon’ble Punjab VAT Tribunal allows adjustment of pre-...
Income Tax : Keshab Automobiles Vs State of Odisha (Orissa High Court) A comparison of the language used in the amended Section 43 (1) of the O...
Goods and Services Tax : Government of Punjab introduces amendments to the One Time Settlement Scheme for Recovery of Outstanding Dues 2023, enhancing tran...
Corporate Law : (1) This scheme may be called the Punjab One Time Settlement of Outstanding Dues (Second) Scheme, 2021. (2) It extends to the w...
Goods and Services Tax : Outstanding demands or disputed amounts which pertain to regular assessment and its escaped assessment, if any, and are ...
Corporate Law : Here is the summary of the latest amendment made under Punjab State Development Tax (Amendment) Rules, 2021 (PSDT) NOTIFICATION No...
Goods and Services Tax : (1) This scheme may be called the Punjab One Time Settlement of Outstanding Dues, 2021. (2) It extends to the whole of the Stat...
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.
Recently entry tax in Punjab was stayed by P&H High Court in Bhushan Steel case. In that case the State Govt contested the writ petition challenging constitutionality of Punjab Tax on Entry of Goods into Local Areas Act, 2000 by stating that entry tax under the said Act is being collected as an advance tax of VAT, however the High Court held that without there being any taxable event of sale or purchase of goods taking place within the territorial jurisdiction of the State, claim that Section 3-A of the Entry Tax Act is merely a machinery provision providing for collection of advance VAT tax is prima facie merit less.
Punjab Government has promulgated an Ordinance dated 17-08-2011 vide Notification No. 33-Leg/2011 whereby proviso to section 8(1) and section 62(5) of Punjab VAT Act, 2005 have been amended. Proviso to Section 8(1) deals with rate of tax on declared goods whereas section 62(5) deals with pre-deposit of 25% before entertaining of any appeal under PVAT Act, 2005.
If you want to choose lump sum scheme for payment of tax in works contracts without maintaining any books of accounts under Punjab VAT Act, 2005, you should think twice before choosing it. Proviso to section 8(2-A) of Punjab VAT Act and Rule 15(6) of Punjab VAT Rules deals with the lump sum payment of tax under Punjab VAT in works contracts.
When works contract is sub-contracted there is only one taxable event and between main contractors and sub-contractor only one is liable to pay tax on the goods incorporated in the works contract. Herebelow this issue is discussed in the light of decision of Supreme Court and P&H High Court in the context of VAT provisions especially under Punjab VAT Act, 2005.
The Punjab & Haryana High Court has held in an important case namely Lajpat Rai Chanana V State of Haryana & others (2011) 38 PHT 390 (P&H) that input tax credit to a works contractor executing the works contract will be justified if the contractee has already paid the tax on the goods supplied by him to the contractor. The assessee was a works contractor for executing various works for the Government and its authorities. For executing the work, the State and its authorities supplied material to the petitioner (Contractor) which was treated as sale. Since the said authorities had paid the tax while purchasing the said material before supplying the same to the petitioner, the petitioner claimed the benefit of input tax credit. It is held by the Hon’ble High Court that in such case assessee (Contractor) is entitled to input tax credit paid by the contractee.
The powers of Excise and Taxation inspectors in Punjab have been enhanced till 31st December 2011. The Excise and Taxation Inspectors have been appointed as designated officers u/s 11,13,14,26,27,28,29,30,31,32, 36, 38, 39, 40,41,45, 46,47, 48, 49, 52,53,54,55,56, 57, 58,59, 60, 66,76,77 and 83 till December 2011.
At present, the information regarding goods being brought into and moving out of the state of Punjab (Inter-state transactions) is furnished at the Information Collection Centers (I.C.Cs)/ Check Posts by the dealers and consumers. Now, this process of collection of information from dealers will be extended to intra-state transactions also (within Punjab) i.e. goods moving from one part of the State to other part. Hence, all the dealers making intra-state transactions shall compulsorily upload the information about the goods on the department’s website i.e. www.pextax.com before leaving the vehicle from the premises of a dealer. It shall be in the form of a self-declaration format/Performa; which shall be prescribed shortly by the department.
Punjab & Haryana High Court in Bhushan Power & Steel Limited v State of Punjab & others has granted interim stay to the petitioners on the levy of entry tax u/s 3-A of Punjab Tax on Entry of Goods into Local areas Act 2000(hereinafter called as the Act), by considering it to be as ultra-vires of the State Government’s power to levy tax under the Constitution of India. Here the grounds on which stay has been granted are being discussed and an attempt has been made to make readers understand the order of the High Court in the said case.
As we know the Hon’ble Punjab & Haryana High Court has already stayed the levy of entry tax in Punjab in the case of M/s Bhushan Steel v State of Punjab case on 28-03-2011 and also in other similar writ petitions challenging the levy of entry tax in Punjab on 08-04-2011. But the interim stay were applicable only to the persons who have filed writ petitions and the relief regarding deferment from payment of entry tax was available only to the concerned persons who have filed writ petitions in the High court as a result it was giving rise to filing of more and more writ petitions on the similar issue resulting in multiplicity of litigation in the High Court.
