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2016 (5) TMI 596 - PUNJAB AND HARYANA HIGH COURT

2016 (5) TMI 596 - PUNJAB AND HARYANA HIGH COURT - TMI - Seeking direction to decide the application for exemption from payment of advanced tax to 0% - Engaged in manufacturing of tax-free commodities - Advance tax paid on wheat on import is being accumulated as excess Input Tax Credit (ITC) as it is not having any tax liability on the sale of tax free goods - Held that:- the present petition is being disposed of by directing the respondent no. 3 to decide the application dated 31.3.2016, in acc .....

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issuance of a writ in the nature of mandamus directing respondent No.3 to decide its application dated 31.3.2016 (Annexure P-5) for exemption from payment of advance tax to 0%. 2. The petitioner is engaged in the business of manufacturing of tax-free commodities, i.e., Atta, Maida, Suji and Choker. For the manufacturing of said items, wheat is purchased which is exigible to purchase tax under Section 19 of the Punjab Value Added Tax Act, 2005 (in short the Act ) if purchased from within the Stat .....

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njab Act No. 9 of 2000) enforced w.e.f. 6.4.2000. To implement the policy of the State, the entry tax was abolished by way of omission of items in the Schedule vide notification dated 1.4.2005 and the earlier notifications for the levy of tax were rescinded w.e.f. 1.4.2005 vide notification dated 1.4.2005. The Punjab Government vide notification dated 15.11.2007 re-introduced the levy of entry tax on certain items which had earlier been stopped in view of corporation of the Act. Various persons .....

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rsons also including the petitioner by the State Government by issuing circulars dated 29.4.2011 and 17.5.2011. Subsequent to the interim order passed by this Court, the respondents have issued an Ordinance vide notification dated 2.11.2011 with retrospective effect from 21.11.2007 vide which the Entry Tax Act has been amended and definition of goods has been changed along with charging Section 3A. The tax has been levied on the entry of goods into local areas as referable to Entry 52 of List II .....

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