Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2011 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (2) TMI 1253 - HC - VAT and Sales TaxWhether stainless steel tubes, seamless stainless steel tubes, stainless steel ball bearing tubes and stainless steel scrap fell under item 54 of the First Schedule or item 2 of the Third Schedule to the APGST Act - The expression "that is to say" - petitioner contended that the stainless steel tubes, seamless stainless steel tubes, stainless steel ball bearing tubes and stainless steel scrap sold by them fell under item 2 of the Third Schedule, and levy of tax at six per cent was illegal - Held that:- "stainless steel tubes, seamless stainless steel tubes, stainless steel ball bearing tubes and stainless steel scrap" fell under item 2 of the Third Schedule, and not item 54 of the First Schedule to the Act Stock transfer - whether supply of goods to other units of the Department of Atomic Energy would constitute stock transfer or are inter-State sales liable to tax under the CST Act – Held that:- Transfer of goods by NFC to other units of the Department of Atomic Energy does not constitute "sale" as they are all units of the Department of Atomic Energy, and the Department of Atomic Energy cannot be said to have sold goods to itself. The STAT was, therefore, justified in holding that the transaction was in the nature of a stock transfer, and did not amount to inter-State sale
|