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VAT and Sales Tax - Supreme Court - Case Laws

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• 2020 (1) TMI 800
  
  Levy of Sales Tax - sale of goods imported from foreign country - to foreign bound ships as “ship stores” - sale or not - whether the subject sales (of goods imported from foreign country and after unloading the same on the landmass of the State of West Bengal, kept in the bonded warehouse without payment of customs duty) to foreign bound ships as “ship stores” can be regarded as sale within the territory of the State and amenable to sales tax under the West Bengal Sales Tax Act, 1954 or the West Bengal Sales Tax Act, 1994? HELD THAT:- The sale to be in the course of import, must be a sale of goods and as a consequence of such sale, the goods must actually be imported within the territory of India and further, the sale must be part and parcel of the import so as to occasion import thereof. Indeed, for the purposes ....... + More

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• 2020 (1) TMI 266
  
  Jurisdiction - authority to deduct the sales tax at source from their bills - tender conditions offered by Geeta Enterprises/Asansol- Respondent No.1 - HELD THAT:- The appellant could not have insisted for production of actual payment receipts of sales tax paid by third party - the seller of the goods, from where the same were procured by the respondent No.1 at first point of sale, after recovering the same from the respondent No.1. In that, the seller is responsible to pay the sales tax amount collected from the respondent No.1. The respondent No.1 had no responsibility in that regard. There are no reason to interfere in this appeal - appeal dismissed.

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• 2019 (12) TMI 225
  
  Territorial Jurisdiction - Levy of sales tax - Karnataka Sales Tax Act - company filed a writ petition on the ground that the KST Act does not extend to territorial waters of India situated adjacent to the landmass of the State of Karnataka. Whether the State of Karnataka has jurisdiction to levy sales-tax under section 5C of the KST Act in respect of the Charter Party Agreement dated 8.1.1998? Whether the agreement dated 8.1.1998 constitutes “transfer of the right to use"? Whether the State of Karnataka has the competence to levy sales tax on the agreement, which is effective within the territorial waters? HELD THAT:- A reading of the definition of sale makes it crystal clear that every transfer of property in goods by one person to another in the course of trade or business, includes the transfer of right to use any goods for....... + More

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• 2019 (12) TMI 68
  
  Constitution validity of the Section 5A of the Himachal Pradesh General Sales Tax Act, 1968 - High Court had entertained the writ petition, in spite of an alternative remedy, because the constitution validity of the Section 5A of the Himachal Pradesh General Sales Tax Act, 1968 was questioned - HELD THAT:- It is directed that the appeal if so, filed within 10 weeks by the respondent shall not be dismissed on the ground of limitation and it shall be decided as early as possible in accordance with law. The instant appeal is partly allowed and disposed of.

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• 2019 (12) TMI 67
  
  Applicability of Section 5(3) of the Central Sales Tax Act, 1956 - Purchase and export of Coffee Beans - HELD THAT:- The section 5(3) begins with a non-obstante clause in relation to sub-section (1) of section 5. Section 5(1) deals with a situation where the sale or purchase itself occasions such export. Obviously, what is relevant is sub-section (3) of section 5 because the export was subsequent to the purchase. Sub-section (3) of section 5 requires the assessee to produce the agreement or order for or in relation to such export. There is no material on record for us to determine the identity of the goods purchased and the goods that were exported. It is an admitted fact that the agreements under which the respondents have purchased goods from coffee growers and exports were made are not before us - The High Court appears to have decided....... + More

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• 2019 (12) TMI 61
  
  Power of the State to rescind the notification with retrospective effect - doctrine of promissory estoppel - notification providing for rebate in respect of tax payable under the Uttar Pradesh Trade Tax Act, 1948 - withdrawal of facility even in respect of industrial units, which had commenced production and had complied with the conditions for grant of such rebate in terms of Notification dated 27th February, 1998, with retrospective effect - Doctrine of Promissory Estoppel. HELD THAT:- The parties have proceeded on the premise that the State Government or the Executive is competent to rescind the earlier notification and the doctrine of promissory estoppel can be no impediment in that behalf. That, however, is hedged or laced with condition that the burden is upon the Government to show that it acted in furtherance to public interest in....... + More

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• 2019 (11) TMI 6
  
  Time Limitation - whether the High Court while exercising revisional power under Section 48 of the Himachal Pradesh Value Added Tax Act, 2005, condone the delay in case a revision under Section 48 of the Act of 2005, is filed beyond 90 days from the date of communication of the order or it excludes the applicability of Section 29 of the Limitation Act, 1963, and in consequence of Section 5 of the Limitation Act? HELD THAT:- The provisions contained in Section 29 of the Limitation Act deals with savings. The provisions in respect to the limitation prescribed for any suit, appeal or application by any special or local law, is different from the period prescribed by the Schedule, the provisions of Section 3 shall apply if the Schedule prescribed such period. The provisions contained in Sections 4 to 24 shall apply only in so far as and to th....... + More

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• 2019 (9) TMI 788
  
  Compliance with the pre-deposit - Section 62(5) of the Punjab Value Added Tax Act, 2005 - power of State to enact Section 62(5) of the PVAT Act - inherent powers to grant interim protection against imposition of such a condition for hearing of appeals on merits - Whether the State is empowered to enact Section 62(5) of the PVAT Act? - HELD THAT:- In The Anant Mills Co. Ltd. v. State of Gujarat and Others [1975 (1) TMI 62 - SUPREME COURT], a Bench of four Judges of this Court considered inter alia, challenge to the validity of Section 406 of the Bombay Provincial Municipal Corporations Act, 1949 as amended by Gujarat Act No.5 of 1970. As per the relevant provision, no appeal against the ratable value or tax would be entertained unless the amount claimed was deposited with the Commissioner. The proviso to said Section however empowered the ....... + More

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• 2019 (7) TMI 589
  
  Maintainability of appeal - pre- deposit or not - second proviso of Section 19 and proviso of Section 21 (2) of the APGST Act, 1957 or second proviso of Section 31 and proviso of Section 33 (2) of the AP VAT Act, 2005 - rejection of appeal on the ground that the appellant-assessee had failed to comply with the precondition of producing proof of payment of tax admitted to be due or of such installments as may have been granted and/or the proof of payment of twelve and a half percent (12.5%) of the difference of the tax assessed by the assessing authority and the tax admitted by the appellant for the relevant assessment year in respect of which the appeal has been preferred by the concerned appellant-assessee - proviso is not a provision of pre-deposit at the stage of filing, institution or presentation of the appeal as such; but is a provi....... + More

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• 2019 (7) TMI 479
  
  Effect of bifurcation of the State of Madhya Pradesh into the successor State of Madhya Pradesh and the State of Chhattisgarh by the Madhya Pradesh Reorganisation Act, 2000 - exemption or benefit of deferment of sales tax granted under the Madhya Pradesh Commercial Tax Act, 1994 read with the applicable rules - whether the industrial unit in the reorganised State of Madhya Pradesh and under the new State of Chhattisgarh would continue to avail the benefit of such exemption or deferment even after the bifurcation in both the states, irrespective of the location of the industrial unit which would be in one of the two states? HELD THAT:- The law in force before the appointed date, which in the present case is 1st November, 2000, would continue to apply to the successor or reorganised State of Madhya Pradesh as it existed before bifurcation. ....... + More

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• 2019 (7) TMI 113
  
  Validity of Rule 6(4)(m)(i) of the Karnataka Sales Tax Rules, 1957 read with Explanation III to Rule 6(4) of the said rules - interpretation of statute - scope of charging section - whether the condition of ‘use in the same form in which such goods are purchased’ under Rule 6(4)(m)(i) of the KST Rules expands the scope of charging section i.e. Section 5B under KST Act, 1957? - appellant purchased timber in log forms, plaster of paris, plywood, glass sheets and the said purchases have been manufactured to produce the goods which are necessary for interior decoration - AO denied deduction from purchases from works contract receipts applying Rule 6(4)(m)(i). HELD THAT:- Section 5B of the KST Act and Rule 6(4)(m)(i) of the KST Rules operate in different spheres. Section 5B is a charging provision for levy of sales tax whereas Rule....... + More

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• 2019 (7) TMI 52
  
  Offence punishable under Section 53(a) of the Bihar Excise (Amendment) Act, 2016 - appellants were subjected to breath analyser test in which test as per the prosecution case certain quantity of alcohol was found - prohibition on foreign liquor - case of appellant is that the vehicle in which they were travelling cannot be said to be public place within the meaning of Section 2(17A) of Bihar Excise (Amendment) Act, 2016 - HELD THAT:- The ommission of public conveyance in the definition of Section 2(17A) brought by the Bihar Excise (Amendment)Act, 2016 also indicates that the difference between public conveyance and private conveyance was done away in the statutory amendment. We, thus, cannot accept the submission of the learned counsel for the appellant that private conveyance will be excluded from the definition of 'public place'....... + More

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• 2019 (5) TMI 757
  
  Reimbursement of State Sales tax paid - inter-state transaction - refund of the Sales Tax paid on the inter-state purchase of coal - Section 15(b) of the Central Sales Tax Act, 1956 - whether Coal and Coke are same goods or not? - HELD THAT:- The respondent was entitled to be reimbursed the tax paid under the State Law on Coal and, therefore, the respondent had filed an application seeking refund. On the basis of the detailed adjudication by the Assistant Commissioner of Commercial Taxes, the amount refundable to the petitioner under Section 15 (b) of the Act was determined and an amount of ₹ 12,32,496 was determined. Thereupon, the respondent filed an application under statutory Form-XX as prescribed under Rule 35 of the Rules, 1983 but no steps were taken by the respondent for issuance of the Refund Payment Order. Despite repeated....... + More

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• 2019 (4) TMI 1754
  
  Vires of sub-section (4) to Section 48 of the Chhattisgarh VAT Act, 2005 - HELD THAT:- Since under the interim orders, the petitioner had paid a sum of ₹ 5 crores; the amount so deposited shall be taken into account while arriving at the figure that the petitioner ought to deposit - Petition dismissed.

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• 2019 (4) TMI 1322
  
  Liability of Interest on the Entry Tax - U.P. Tax on Entry of Goods into Local Areas Act, 2007 - Whether the Petitions filed by the appellant challenging the demand notices dated 04.05.2018 and 05.05.2018 issued after judgment dated 04.05.2018 of the High Court in Writ Petition No.25730 of 2017 is barred by Principle of Res-judicata, in view of the dismissal of Writ Petition No.25730 of 2017 on 04.05.2018? - HELD THAT:- Writ Tax No.474 of 2017, which de-tagged with the Bunch of Writ Petition No.25730 of 2017 is still pending for consideration before the High Court. Present is a case where the Division Bench while deciding Writ Petition No.25730 of 2017 consciously restricted the consideration to three questions as noted in the judgment of this Court dated 21.03.2017 and did not permit to raise any submission other than three questions as ....... + More

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• 2019 (4) TMI 1251
  
  Requirement of pre-deposit - recovery of arrears of entry tax - HELD THAT:- This appeal is disposed of providing that no further recovery be affected against the appellant towards the demand of interest on arrears of Entry Tax and recovery, if any, of the interest from the appellant shall be subject to the final outcome of the Writ-Tax No. 961 of 2018 filed by the appellant - appeal disposed off.

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• 2019 (3) TMI 1483
  
  Applicability of the turnover tax - scope of total turnover - inclusion of turnover which is not liable to tax - Section 6B (1) of Karnataka Sales Tax Act, 1957 - main thrust of the submission of Mr. Mohit Chaudhary, learned counsel for the appellant is that Courts below have manifestly erred in appreciating that the ‘total turnover’ as defined under Section 6B (1) for the purpose of levy turnover tax can in no event include the ‘turnover’ with reference to which the State has no power to levy tax under the constitutional scheme and the submission proceeds that the levy of tax under Section 6B can be on the ‘taxable turnover’ alone. Held that:- In the instant scheme of the Act of which reference has been made in detail, the expression ‘total turnover’ has been referred to for the purpose of ....... + More

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• 2019 (3) TMI 1361
  
  Classification of goods - rate of tax - Mobile Crane Wire Ropes - whether the rate of tax chargeable to the goods in question is 12.5% as prescribed in the Residuary Entry in Schedule V under the Act or at 4% as prescribed in Entry 155 of Schedule IV of the VAT Act - Held that:- Mere reading of Entry 155 would go to show that the goods called Hydraulic excavators (earth moving and mining machinery), Mobile Cranes and Hydraulic Dumpers (including parts thereof) are chargeable to tax at the rate of 4% - the expression “including parts thereof” was inserted in the Entry 155 by an amendment w.e.f. 09.05.2006. It, therefore, indicates that the parts of the goods specified in the Entry were not chargeable to tax at the rate of 4% prior to 09.05.2006 but became chargeable at the rate of 4% only on and after 09.05.2006. There is no di....... + More

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• 2019 (3) TMI 174
  
  Classification of manufactured goods - Aswini Homeo Hair Oil - classified under Entry 37 of Schedule-I to The Andhra Pradesh General Sales Tax Act, 1957 - Held that:- The fact that the respondent is using the Homeopathic Pharmacopoeia referred to earlier in manufacturing of the hair oil has not been traversed by the appellant. Neither has the Commissioner dealt with that contention of the respondent nor was such a plea taken before the High Court by the appellant - the product manufactured by the respondent was rightly assessed at the relevant point of time in the assessment years 1994-1995 and 1995-1996, as covered by Entry 37 of Schedule-I of the APGST Act. The view taken in these appeals is in the fact situation of this case and confined to the assessment years 1994- 1995 and 1995-1996 only and would not apply or be of any avail to the respondent for the subsequent assessment years, in view of the amendment effected in the APGST Act - appeal disposed off.

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• 2019 (2) TMI 930
  
  Vires of Rule 24(i-eeee) of the Haryana Liquor License Rules 1970 (as amended by the Haryana Liquor License (Amendment) Rules 2017) - Punjab Excise Act, 1914 - single L-1BF license for the entire State to deal in imported foreign liquor, bottled outside India and imported into the country in a bottled form - creation of a monopoly by the State in favour of a private entity, to trade in liquor - Article 19(6) of the Constitution of India - Difference of Opinion. Held that:- While Section 71 confers power on the State Government to make rules there is no provision akin to Section 59 of the Punjab Excise Act which confers power on any other authority in which case it could not possibly be contended that sub-section (2) of Section 71 would in any manner cut down the width of the general power of Section 71(1) for the State Government to make rules for the purpose of the Act. The Financial Commissioner has power to decide upon the number of licenses. Appeal dismissed.

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