Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2022 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (9) TMI 4 - MADHYA PRADESH HIGH COURTLevy of Entry Tax - stock transfer price - validity of Equalized List Price (ELP), adopted by the appellant - HELD THAT:- As per Section 3(a), entry tax is leviable on an entry in the course of business of a dealer of goods specified in Schedule-II, into each local area for consumption, use or sale therein and such tax shall be paid by every dealer under the VAT Act who has affected the entry of such goods. Section 4 defines the “rate at which entry tax” to be charged and as per sub-section (1), the entry tax payable by a dealer under this Act shall be charged on his taxable quantum relating to goods specified in Schedule-II and Schedule-III - The appellant has evolved the ELP system for sale in the market throughout the country and the price mentioned in ‘Form F’ is only the stock transfer price not liable to be treated as the sale price of the goods. As per Section 4 of the Entry Tax Act, the entry tax payable by the dealer under this Act shall be charged on his taxable quantum relating to goods specified in Schedule-II and Scheduled-III, but there is no such provision for charging of entry tax on ELP adopted by the appellant, same is alien to the Entry Tax Act or VAT Act. The respondents/authorities have rightly charged the entry tax on the price mentioned in the stock transfer note/bill as a market value - thus, no question of law much less substantial question of law is involved in this appeal and the appeal is liable to be dismissed. Appeal dismissed.
|