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Indo Burma Petroleum Corporation Limited Versus Commissioner, Vat, Delhi & Others

2016 (8) TMI 427 - DELHI HIGH COURT

Delhi VAT - imposition of penalty by OHA - business of marketing of petroleum products - merger with Indian Oil Corporation Ltd. - definition of the ‘sale price’ in terms of the proviso to Section 2(1)(zd) of the DVAT Act. - assessment of tax, intere .....

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order dated 1st December 2011 which dealt with a similar issue for the month of November 2006. The AT will pass a fresh order within a period of eight weeks from the date of receipt of a certified copy of this order - appeal disposed off. - VAT APPEA .....

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. 25178/2016 (for exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 6021/2016 & CM No. 25177/2016 (for stay) 2. Notice. Mr. Satyakam, Additional Standing Counsel for the Respondents accepts notice. 3. The challenge in this appeal by .....

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has upheld the imposition of penalty by the Special Commissioner-1, i.e., the Objection Hearing Authority ( OHA ) by the order dated 20th June 2013 under Section 86(10) of the DVAT Act. 4. The Appellant is engaged in the business of marketing of pet .....

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isite value added tax. A controversy arose on the understanding of the changed definition of the sale price in terms of the proviso to Section 2(1)(zd) of the DVAT Act. The assessing authority took the view that the aforementioned proviso to Section .....

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ent before the OHA who by an order dated 20th June 2016 rejected the objections and affirmed the default assessment of tax interest and penalty. 6. The short ground on which the penalty order under Section 86(10) is sought to be assailed by the Appel .....

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above submission of the Appellant has been noticed. However, while discussing the issue in para 31 the AT makes no reference to its earlier order dated 1st December 2011. 8. Learned counsel for the Appellant urged that the AT s earlier order dated 1s .....

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er accepted the Assessee s plea that returns were being filed on a certain understanding of the proviso to Section 2(1)(zd) of the DVAT Act and, therefore it did not call for imposition of any penalty. 9. Inasmuch as the impugned order makes a refere .....

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