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2021 (9) TMI 471 - HC - VAT and Sales TaxLevy of Sales Tax - Rubber Polisher, V-Belt and Hose pipe - covered under first point levy of Tax prior to Finance Department Notification No.14691-CTA-37/2001 dated 31.7.2001 or not - disallowance of declaration Form No.XXXIV, proper or not - HELD THAT:- It is evident that inclusion of spare parts in terms of the notification dated 31st March, 2001 for the purposes of first point tax was intended to be prospective. In other words, there is nothing in the said notification to indicate that applies to a prior period. In the present case, since the assessment pertains to the year 1999-2000, the question of applying the aforementioned notification dated 31st March, 2001 did not arise. The Court answers the question framed in the negative in favour of the assessee against the Department. Accordingly, it is held that the Tribunal was not justified in holding that the items in question were exigible to first point tax for the year in question i.e. 1999-2000. It is held that disallowance of declaration form-XXXIV filed by the Petitioner was not proper. Revision petition disposed off.
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