Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Prakash Metal Crafts Industries Versus Commissioner of Commercial Tax

Disallowance of for tax exempted sales of agricultural implements - "Tractor trailers for use in agricultural purpose" - Whether under the facts and in circumstances of the case, the Appellate Board is right in law and had valid material to hold that Tractor trailers, sold by the appellant were not 'for use in agricultural purpose' and not entitled for exemption from payment of tax under Entry No. 1 of Schedule I of the Act, read with Entry No. 55 of notification No. A-3-6-2000/ST-V(52), dated 1 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the trailers sold directly to the agriculturists and where the trailers were sold through distributor/dealer, the exemption from tax was available to such dealer/distributor when he would have sold such trailers to the agriculturists. As such, the impugned order is not sustainable in the eyes of law. - Decided in favour of assessee. - Vat A. No. 27/2012 - Dated:- 25-3-2015 - Rajendra Menon And C. V. Sirpurkar,JJ. For the Petitioner : Abhijeet Shrivastava, Sandesh Jain, Dr. Krishna Kumar Dubey F .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

facts giving rise to this VAT Tax Appeal may briefly be stated thus: Appellant Prakash Metal Craft Industries is a proprietorship concern engaged in the manufacturing and sale of agricultural implements. The Assessing Authority, Assistant Commissioner of Commercial Tax, assessed tax of ₹ 3,29,705/- @ 4.6% on taxable turnover of ₹ 71,67,500/- upon gross turnover of ₹ 3,63,32,501/- under Entry 73 of Part V of Schedule II. This taxable turnover has been determined on account of sa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

-2. The aforesaid order was upheld by the Appellate Deputy Commissioner of Commercial Tax, Jabalpur vide order dated 19.02.08 (Annexure A-3). The order dated 19.02.08 was affirmed by the Madhya Pradesh Commercial Tax Appellate Board vide impugned order dated 17.08.12 (Annexure A-1), holding that unless trailer had been directly purchased by agriculturist, it could not be held that the trailer had been used for agricultural purpose. Since, the assessee/appellant had not sold the trailer to the ag .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

6-2000/ST-V(52), dated 17-07-2000, being 'Tractor trailers for use in agricultural purpose?'' 4. In support of this claim, learned counsel for the appellant has relied upon Entry No. I in Schedule I under section 15 of the Madhya Pradesh Commercial Tax Act and notification No. A-3-46-2000/ST-V(52), dated 17-07-2000. The Schedule I effective from 15.03.00 enlists the goods exempted from commercial tax under Section 15 of the Madhya Pradesh Commercial Tax Act. Placing reliance upon the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e impugned order. 6. In view of rival contentions, the Court has to mainly consider whether sale of trailers not directly to the agriculturists but to the dealers/distributors, would qualify for exemption from tax under Entry No. 55 of the notification No. A-3-46-2000/ST-V(52), dated 17-07-2000 made pursuant to Entry No. I of Schedule I of the Madhya Pradesh Commercial Tax Act, 1994? Entry No. I of the Schedule I appended to Madhya Pradesh Commercial Tax Act, 1994, which came into effect from 15 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

;. for the purpose of the said entry. The Implement No. 55 reads as follows:- "55 Tractor trailers for use in agricultural purpose." (emphasis supplied) 8. In the opinion of this Court, the fate of this VAT Tax Appeal depends upon the interpretation of the expression "for use" occurring in Entry No. 55 of the notification dated 17.07.2000. 9. The Apex Court, in the case of State of Haryana versus Dalmia Dadri Cement Limited (Supra), while interpreting Section 5 (2) (a) (iv) o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Update Alerts     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version