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2017 (5) TMI 1171 - HC - VAT and Sales TaxRate of tax - Solvent Cement Solution - taxable at 4% or at 10%? - whether PVC Solvent Cement included within Entry No.54 of the Notification dt.26.03.1999 or otherwise? - Held that: - in a case of classification one can take into consideration common parlance test, in my view as well, for stopping common leakage some other products will have to be purchased rather than the product which has been used/produced/sold by the assessee. The entry insofar as VAT Act under consideration is concerned, is limited and it is to be read as it is and cannot be enlarged as claimed by the counsel for the petitioner - the finding reached by the Tax Board is a finding of fact and no question of law can be said to arise out of the order of the Tax Board. Penalty u/s 65 of the act - Held that: - though it is a case of survey which may have resulted into some taxability @10% as against 4% claimed by the assessee but the fact remains that it is a case of classification and two views are possible and at least the assessee also succeeded before the Dy. Commissioner (A) and in my view, once it is a case of classification then the penalty need not be levied - penalty set aside. Appeal allowed - decided partly in favor of assessee.
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