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2016 (3) TMI 883 - HC - VAT and Sales TaxAdequate rebut of Legal presumption - Deemed sale drawn by the authorities under Section 46(15)(d) of the AGST Act - Whether convincing evidence is brought on record or not - Held that:- neither the Revisional Authority nor the Assessing Authority had carried out any such exercise to weigh the impact of the evidence, on the legal presumption. Tax becomes payable only when a taxable transaction is carried out but under the legal presumption a deemed transaction can also be made liable to tax under the AGST Act. The Assessing Officer and the Revisional Authority has not applied their mind to determine whether the petitioners have successfully rebutted the legal presumption drawn by the taxation authorities and the assessment to tax is supported only on the basis of the legal presumption. Therefore the authorities have failed to discharge the obligation under the ratio of Sodhi Transport Company vs. State of U.P. [1986 (3) TMI 303 - SUPREME COURT OF INDIA]. Matter remanded back
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