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2020 (2) TMI 364 - HC - VAT and Sales TaxDemand for sales tax on sale of used cars and Trade Discount - stock transfer - wrong adjustment of Entry Tax - benefit of Notification No.79, CT & R (B2), dated 23.03.2007 - clarification issued by the Authority for Clarification and Advance Ruling vide clarification dated 25.10.2016 - HELD THAT:- In the light of the clarification dated 25.10.2016 of the Authority for Clarification and Advance Ruling issued under Section 48 A of the Tamil Nadu VAT Act, 2006, the issue relating to availability of benefit of G.O.Ms.No.79 CT & R (B2) Dept. dated 23.3.2007 as amended by the of G.O.Ms.No.78 CT & R (B2) Dept. dated 11.7.2011 would require reconsideration by the respondent. The issue relating valuation is answered in favour of the Petitioner. Thus, the demand of tax on Trade Discount in the impugned orders are quashed to that extent - As far as the issue relating to rate of tax is concerned, the same is remitted back to the respondent to pass fresh order in the light of the clarification issued by the Authority for Clarification and Advance Ruling vide its order dated 25.10.2016. Appeal allowed by way of remand.
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