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National Agricultural Co-operative Marketing Federation of India Ltd. Versus The Assistant Commissioner (CT)

2016 (11) TMI 495 - MADRAS HIGH COURT

Concessional rate of VAT @4% subject to turnover limit of ₹ 300 crores - imported peas - whether the threshold limit of ₹ 300 crores is to be restricted to the turnover of Peas and Peas dhall or should be taken on the basis of the overall turnover of the petitioner? - Held that: - in terms of Entry 68, the sale of Peas and grams which have been listed out under the said Entry which are twelve in number, the threshold limit is ₹ 500 crores in a year. Therefore, looking at the ca .....

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sh, learned Government Advocate, who has accepted notice on behalf of the respondent. With the consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for disposal. 2 (i) The petitioner is the National Agricultural Co-operative Marketing Federation of India Ltd., registered under the provisions of the Multi State Co-operative Societies Act, 2002 [in short the 'Act']. It is stated that the main objects is to organize, promote and develop marketing, pr .....

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o undertake procurement of various Agricultural Commodities like pulses and Oil Seeds at the Support Price declared by the Government of India, when the market rates of the commodities rules below the support price, ensuring support to the farming community. The petitioner also import pulses on behalf of the Government of India and distribute the same for stabilisation of prices in India. Thus, the petitioner would contend that they are the bridge gap between the producers and the consumers. 2 ( .....

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so imported Peas, as per the instruction of Government of India and regularly file their monthly returns and paid taxes in accordance with the provisions of the Act. The place of business of the petitioner was inspected 24.12.2013, which had resulted in a notice being issued to the petitioner dated 16.2.2015. 3. Among other issues, one of the issues which was pointed out in the notice pertains to sale of imported Peas. It was stated that the total turnover for the year 2007-2008, was ₹ 384 .....

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Peas, the limit of ₹ 300/- crores available is exclusively for the commodity Peas and Peas dhall including broken, husk and dust thereof. In this regard, reference was made to Entry No.67 of Part B of the Fourth Schedule, which was published in the Government Gazette, dated 15.12.2006. By referring to the expression "these goods", it is submitted that the entire limit of ₹ 300 crores is available for Peas and accordingly, they are eligible for exemption. 5. However, the res .....

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