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JBB-Everest Buildtech Pvt Ltd Versus The State of Haryana And Others

2015 (6) TMI 16 - PUNJAB & HARYANA HIGH COURT

Constitutional validity of Explanation (i) to Section 2(1) (zg) of the Haryana Value Added Tax Act, 2003 and Rule 25 (2) of the Haryana Value Added Tax Rules, 2003 - Inclusion of the value of land for charging VAT on developers - Held that:- Followin .....

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Justice And G S Sandhawalia,JJ. For the Petitioner : Mr Avneesh Jhingan, Adv. For the Respondent : Ms Mamta Singla Talwar, Assistant Advocate General, Haryana ORDER S J Vazifdar,ACJ (Oral) It is admitted that this writ petition is covered by the ord .....

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for a writ of mandamus declaring Explanation (i) to Section 2(1) (zg) of the Haryana Value Added Tax Act, 2003 and Rule 25 (2) of the Haryana Value Added Tax Rules, 2003 and other related provisions in so far as they include the value of land for ch .....

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n course of execution of works contract, the provisions would be ultra vires the Constitution of India. The tax is to be computed on a value not exceeding the value of transfer of property in goods on and after the date of entering into agreement for .....

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entering into agreement for sale with the buyers. Where 'deductive method' has been prescribed under the rules for ascertaining the taxable turnover, ordinarily it should include a residuary clause in consonance with the mandate of law so as .....

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ue of goods in a works contract in the case of a developer etc. on the basis of which VAT is levied would be the value of the goods at the time of incorporation in the works even where property in goods passes later. Further, VAT is to be directed on .....

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the State Government remaining bound by its affidavit dated 24.4.2014 The State Government shall bring necessary changes in the Rules in consonance with the above observations." 3. In these circumstances, the Division Bench disposed of the writ .....

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