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2015 (10) TMI 973 - HC - VAT and Sales TaxDenial of exemption claim - Whether exemption from tax granted on the sale and purchase of water pumps and/or diesel engines having capacity up to 10 horse power (HP) under Notification No. F.4(1)FD/TaxDiv/2000-361 dated June 19, 2000 under section 15 of the Rajasthan Sales Tax Act, 1994 (hereinafter "the Act of 1994") was general or conditional in nature - Held that:- a different view cannot be taken in this revision petition directed against the decision of the Rajasthan Tax Board as the decision of the Rajasthan Tax Board Jaipur on the same issue has attained finality. The honourable Supreme Court in the case of Municipal Corporation of City of Thane v. Vidyut Metallics Ltd. [2007 (9) TMI 399 - SUPREME COURT OF INDIA] has held that even though each assessment year in respect of tax liability is an independent event as against other year, yet if the nature and character of the transaction remains the same, the character of the transaction earlier by the orders of the court binds in subsequent year with regard to the nature and character of the subsequent similar transaction. The same position has also been recognized albeit impliedly by the honourable Supreme Court in the case of Southern Sea Foods Limited v. Joint Commissioner of Income-tax, Chennai [2009 (3) TMI 988 - SUPREME COURT]. - court cannot take a contrary view in respect of a similar transaction/exemption in another year even in the best case scenario for the Revenue-lest contradictory orders in respect of the same transaction (in nature and character) qua different years pertaining to the same assessee are passed. - Decided against Revenue.
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