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2014 (1) TMI 1005 - HC - VAT and Sales TaxLevy of tax on Timber - Notification No. T.I.F.-2-2375/XI-9(251)/97-U.P.Act-15-48-Order-98, dated 23.11.1998 - First appellate authority granted partial relief declaring that for the assessment year 1997-98, the items are not taxable - However, Tribunal levied tax @ 15% on timber - Held that:- it appears that as per notification for the assessment year 1997-98, no tax can be levied as the timber was not taxable item - For the assessment year 1998-99, only for four months (1st December, 1998 - 31st March, 1999), the sale of timber or its items are subject to the tax @ 15%, as the said notification is applicable with effect from 1st December, 1998 - A.O. will pass a fresh order pertaining to the levy of tax on the sale of timber for the period of 1st December 1998 to 31st March, 1998 (four months) after examining the record, but within a period of three months after receipt of a certified copy of this order, as the matter is too old - Decided in favour of assessee.
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