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Banco Alluminium Ltd. Versus State of Gujarat

2017 (2) TMI 659 - GUJARAT HIGH COURT

Relevant date for deferred payment of tax - Whether on the facts and circumstances of the case, the Gujarat Value Added Tax Tribunal was justified in holding that the date for payment of deferred payment of tax is 01st April of each year? - Held that .....

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e Incentive Scheme applicable at the relevant time - the matter is required to be remanded to the learned tribunal to consider the Appeal afresh in accordance with law - appeal allowed by way of remand. - Tax Appeal No. 481 of 2009 - Dated:- 3-2-2017 .....

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order passed by the learned Gujarat Value Added Tax Tribunal, Ahmedabad (hereinafter referred to as the learned tribunal ) dated 25/08/2008 in Second Appeal No.657/2003, appellant has preferred the present Appeal to consider the following substantial .....

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te appearing on behalf of the appellant has heavily relied upon the document /Certificate in Form B & D issued by the Sales Tax Officer, which was produced before the learned tribunal alongwith the Appeal memo at pages 24 & 25. It is the case .....

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Maithili Mehta, learned AGP has heavily relied upon the Resolution /Sales Tax Incentive Scheme dated 27/01/1993, more particularly, Clause 6 of the same titled duration of benefits . 4. It is the case on behalf of the appellant that after the Resolu .....

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ich was there in the earlier Resolution /Incentive Scheme dated 27/01/1993. From the impugned judgment and order passed by the learned tribunal, it appears that while passing the impugned judgment and order, the learned tribunal has missed considerin .....

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able at the relevant time. Under the circumstances, we are of the opinion that the matter is required to be remanded to the learned tribunal to consider the Appeal afresh in accordance with law and on its own merits and after considering the document .....

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