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2019 (2) TMI 1390 - HC - VAT and Sales TaxClassification of goods - Concessional rate of tax - sale of traction batteries - issuance of Form XVII - Section 3(5) of the Tamil Nadu General Sales Tax Act, 1959 - whether traction batteries specifically designed to suit electrically operated material handling equipments and vehicles like fork-lifts, power trolleys, electric vehicles can be considered as part of the electrically operated vehicles equipments? Held that:- The product in question are traction batteries which are specifically designed to suit electrically operated material handling equipments and therefore, the Tribunal was right in holding that they can be purchased by issue of Form XVII declaration, thereby entitled for concession under Section 3(5) of the Act. Penalty u/s 16(2) of the TNGST Act - Held that:- The Tribunal after taking into consideration that the revision of assessment was made under Section 16 (1) (b) and noting that there was a dispute as to whether the claim of exemption by the respondent dealer was correct or not and what is the correct rate of tax, held that there was no escapement of turnover and therefore, vacated the levy of penalty. The Tax Case Revision is dismissed.
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