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Supreme Court vacated stay on section 62(5) of Punjab VAT Act, 2005

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..... Supreme Court vacated stay on section 62(5) of Punjab VAT Act, 2005
By: - AMIT BAJAJ ADVOCATE
Value Added Tax - VAT and CST
Dated:- 19-3-2014

Supreme Court of India in Amrit Banaspati Company Limited vs State of Punjab WP(c) 69 of 2013 has vacated stay on implementation and operation of section 62(5) of Punjab VAT Act, 2005, which was granted on 31.01.2014. However the Supreme Cou .....

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..... rt has stated in its order that there shall not be any coercive steps for recovery of the amount in question. That means no TIN no. locking can also be done under Punjab VAT Act, 2005 for non depositing of 25 percent u/s 62(5) of the said Act. The record of proceedings in the said case is available on supreme court website which is made available herebelow for all concerned. ITEM NO.10+11 COURT .....

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..... NO.10 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).31804/2013 (From the judgement and order dated 09/12/2013 in WA No.2408/2013 of TheHIGH COURT OF MADRAS) DISHNET WIRELESS LTD Petitioner(s) VERSUS THE COMMERCIAL TAX OFFICER & ANR Respondent(s) (With prayer for interim relief) with Special Leave Petition .....

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..... (C) 37727 of 2013 (with prayer for interim relief) Special Leave Petition (C) 37754 of 2013 (With prayer for interim relief) Writ Petition (C) 1055 of 2013 (with application for stay) Writ Petition (C) 1057 of 2013 (with application for stay) Writ Petition (C) 11 of 2014 (with application for stay and office report) Writ Petition (C) 69 of 2014 (with application for stay and office repo .....

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..... rt) with Writ Petition (C) 31 of 2014 (with application for stay and permission to file additional documents and office report) Special Leave Petition (C) 7052 of 2014 (with application for exemption from filing c/c of the impugned Judgment and exemption from filing O.T. and permission to place additional documents on record and with prayer for interim relief and office report) Special Le .....

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..... ave Petition (C) 7054 of 2014 (with application for exemption from filing c/c of the impugned Judgment and exemption from filing O.T. and permission to place additional documents on record and with prayer for interim relief and office report) Special Leave Petition (C) 7015 of 2014 (with application for exemption from filing c/c of the impugned Judgment and exemption from filing O.T. and per .....

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..... mission to place additional documents on record and with prayer for interim relief and office report) Special Leave Petition (C) 7066 of 2014 (with application for exemption from filing c/c of the impugned Judgment and exemption from filing O.T. and permission to place additional documents on record and with prayer for interim relief and office report) Writ Petition (C) 212 of 2014 (with ap .....

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..... plication for ex-parte stay and office report) Date: 07/03/2014 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE AND HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. S. Ganesh, Sr. Adv. Mr. Kamal Budhiraja, Adv. Mr. Aman Gupta, Adv. Ms. Shruti Agarwal, Adv. Mr. Alok Yadav, Adv. Mr. Amar Pratap Singh, Adv. Mr. Anand S. Path .....

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..... ak, Adv. Mr. Amit Kumar Mishra, Adv. Mr. Akshat Hansaria, Adv. Mr. Archit Virmani, Adv. Mr. Sunil Kumar Jain, Adv.(N.P.) For Respondent(s) Mr. Nikhil Nayyar, Adv. for Mr. Kuldip Singh, Adv. (N.P.) Mr. B. Balaji, Adv. Mr. R. Rakesh Sharma, Adv. Mr. Selvin Raja, Adv. UPON hearing counsel the Court made the following O R D E R Counter Affidavit be filed within four weeks from t .....

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..... oday. Rejoinder Affidavit, if any, be filed within two weeks. Issue fresh notice to the unserved respondents, returnable on02.05.2014. W.P. (C.) No. 69 of 2014 The order dated 31.01.2014 is modified to the effect that there shall not be any coercive steps for recovery of the amount in question. Stay of implementation of Sub-Section (5) of Section 62 of the Punjab VAT Act, 2005 is vacated .....

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..... . W.P. (C) 212 of 2014 Issue notice, returnable on 02.05.2014. In the meantime, there shall not be any coercive recovery of theamount of tax which is the subject matter of this petition. Counter Affidavit be filed within three weeks from the date ofservice. Rejoinder Affidavit, if any, be filed within two weeks thereafter. |(Jayant Kumar Arora) | |(Sneh Bala Mehra) | |Sr. P.A. | |Ass .....

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..... istant Registrar
Scholarly articles for knowledge sharing by authors, experts, professionals .....

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