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2014 (7) TMI 490 - AT - VAT and Sales TaxExemption from payment of sales/purchase tax - Held that:- Admittedly, on the date of consideration of the petitioner's application, his business activity fell within the negative list as provided by entry 43 of Schedule III, appended to the rules. The writ petition was admitted as the entry was notified later. It is, however, not denied that during pendency of the writ petition, the State of Punjab, has in its wisdom and in the exercise of powers conferred by section 27 read with sections 10A and 30A of the Punjab General Sales Tax Act, 1948 amended the Rules by deleting entry 43 with retrospective effect from April 1, 1989 - The necessary affect of this notification is that entry No. 43 shall be deemed to have been deleted from April 1, 1989, in essence, removing any obstacle in the petitioner's entitlement to exemption. The application has to, therefore, be reconsidered, subject however to the petitioner satisfying the respondents that it has not charged sales tax from its customers - matter remitted back - Decided in favour of assessee.
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