Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2018 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 1354 - HC - VAT and Sales TaxExemption form sales tax - sales effected from the Customs Bonded Warehouses - sales in the course of import or not - Whether the Tribunal was justified in holding the assessee eligible for exemption under Section 5(2) of the Central Sales Tax Act, 1956? Held that:- There is no doubt that in the instant case the furnace oil was imported in both the relevant years, sold to exempted units and the remaining sold to purchasers who filed Bills Of Entry for home consumption and cleared the goods through the customs frontiers. The Bill of Entry for home consumption was entertained by the Customs Authorities on the basis of the agreements and the invoices raised by the importer. The documents having evidenced the sale before the import was completed and the transfer of title to the goods; there cannot be any tax levied on the transaction as one carried out in the State. The Assessing Officer had granted exemption only to the sale effected by the assessee to the units in SEZ against Form 43 and the rest of the sale was not granted exemption under Section 5(2) of the Act, which according to us was not appropriate - revision dismissed - decided against Revenue.
|