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Refund claim rejected as time bared - the amount deposited by the appellant during the investigation can never be construed as a duty - it is held as deposited under protest - refund allowed - Tri Abatement of duty - Rule 10 of the Pan Masala Packing Rules – Just because the Superintendent s remark regarding sealing does not mention the time of sealing, it cannot be presumed that on 4th April 2009 and 3rd July 2009, the factory had operated. - Tri As the data is being retrieved or access by the applicants to their own database which were in US, UK and India, therefore, it cannot be prima facie held as import of services - Tri Free call services provided to employees by cellular companies - pre deposit ordered by the CESTAT to the extent of Rs. 80 crores reduced to Rs. 25 crores. - HC Valuation - import of replicators - purchase of DVDs from India - the licence fee and royalty paid by the respondent to the licensor is includable in the value of the goods purchased from the replicator(s). - Tri Valuation of shares - Difference between value of share on the date of its allotment and the price of warrant paid as per letter of allot - proviso (iv) of section 48 not applicable - Tri Reopening of assessment - The prime requirement for the validity of a notice issued under section 148 is that the reasons recorded should have a live link or nexus with the material on record. - HC There is no need to discuss provisions of sections 70, 71 & 32(2) elaborately as the CIT erred in coming to the conclusion that current year's depreciation cannot be allowed to be set off against capital gains. - Tri Residential status - foreign going vessel - he was outside Indian territory for 230 days and the requirement of section 6 for being outside India for 182 days, he become 'non-resident'. - Tri Transfer of the merchant banking business - nature of the transfer does not attract the provision of section 50B in relation to slump sale also as there is no transfer of an undertaking by the assessee. - Tri Bad debts / business loss - The loans given to staff has been written off since the same are irrecoverable in view of transfer of the merchant banking business. - deduction allowed - Tri U.P. Value Added Act, 2008 - every dealer holding registration certificate under the erstwhile Act, as a dealer, is deemed to be registered under the new Act - non-obtaining of biometrics data, as in the instant case, will not invalidate the registration certificate. - HC Petitioner is not personally liable to pay the outstanding dues under the U.P. Trade Tax/Sales Tax Act of the Private Limited Company but under CST he is liable to pay the dues - HC Refund claim denied - period of limitation - cause of action arose only on 15/11/06, when they paid for the second time as a result of audit objection - refund claim is withing period - Tri Rejection of Refund claim – appellant filed under protest letter on 7.1.1987. - after two days they filed six nos. classification lists - thus, the under protest letter has no effect in the eye of law - Tri An educational qualification recognized by law will not cease to be recognized by law merely because for practicing in the field to which the qualification relates, a further examination held by a body regulating that field of practice is to be taken. - HC Fulfillment of export obligation – it is not open to the customs authorities to presume that extension of the LOP would be granted by the Development Commissioner to facilitate evasion of duty. - HC Merely because the CIT is having a different view, the same would not entitle him to initiate revision proceedings u/s 263, if the view taken by the assessing officer is one of the possible views. - Tri    Left Stop Right
 
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Declaration Form
 
Issue Id: - 4059
Dated: -21-04-2012
By:- Yashasvi Sharma
Declaration Form
VAT / CST / GST

Items on which aApplicability of VAT 47 form in Rajasthan

 
 
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Dated: - 21-04-2012
By: - Pradeep Khatri

Requirement of vat-47(Road Permit) for bringing the goods in Rajasthan from other states as interstate purchase

i. After the amendment dated 8th July, 2009, for bringing the goods from other states, VAT-47 is required only on notified goods (38 items as per notification No. F.12(84)FD/Tax/2009-2010) which are as follow :

1. All kinds of furniture including moulded furniture.

2. All kinds of lubricants

3. All kinds of mattresses, cushion, pillows, all types of sheets and other articles made from foam rubber or plastic foam or other synthetic foam and rubberized coir mattresses.

4. All kinds of toilet & washing soap & detergents.

5. All goods made of cement.

6. All types of bearings.

7. All types of sanitary goods including sanitary pipes & fittings.

8. All types of electrical goods including UPS and CVTS.

9. Audio & Video cassettes.

10. Butter & Deshi Ghee.

11. Computers, its softwares floppies and parts.

12. Cooling equipments including air conditioners and refrigerators

13. Copper in all its forms including wires.

14. Dry fruits including Clove, Cardamom, Pepper & Betel Nut.

15. Raw or refined edible oil & Hydrogenated vegetable oil.

16. Electronic items including TV, VCR, VCP

17. Gur.

18. Iron & steel as defined U/s 14 of the CST Act.

19. Parts of Automobile & Tractor except when used in manufacturing of automobiles or tractors.

20. Pan masala, Gutkha and Churi.

21. Paints, Varnishes, Colour & Dyes.

22. Timber, Plywoods, Nuwood and Laminated sheets.

23. Safety Matches.

24. Telecommunication and sound transmitting equipments including Cellular & Cordless Telephone, Fax and Pagers.

25. Tea

26. All types of yarn, whether cotton, woollen or synthetic.

27. Metallic Utensils.

28. All types of crockery.

29. Photographic goods.

30. Plastic goods, PVC granules except when used as raw material for production of plastic goods.

31. Rubber and goods made of rubber.

32. All kinds of paper and paper products including exercise books.

33. All kinds of tiles.

34. Fireworks.

35. Non-edible oil.

36. Rice.

37. Cotton Seed.

38. All kinds of foot-wear.

ii. If any registered dealer receives any taxable goods, as may be notified by the State Government, consigned to him from outside the state or by way of branch transfer/depot transfer/stock transfer, is required to issue Form VAT – 47. For this clause, all goods have been specified other than the petroleum products and exempted goods mentioned in notification No. F.12(84)FD/Tax/2009-22. Therefore, for receiving the goods as branch transfer/depot transport/stock transfer, Form VAT – 47 is required on all the goods.

 


 
 
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