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Fertichem Cotspin Ltd. Versus State of Punjab

2016 (8) TMI 1296 - PUNJAB & HARYANA HIGH COURT

DEPB Licenses - jurisdiction to levy tax on local sales - Chandigarh to the States situated outside the State of Punjab - Whether the ld. Tribunal has erred in law in declaring the sale of DEPB licenses, made by Chandigarh Head Office of Petitioner outside the Punjab State, as sales made in Punjab State merely because the DEPB licences were received on account of sale proceeds made for the goods manufactured in Punjab State? Held that: - the goods in question were sold by the petitioner from its .....

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ndigarh office and thereafter examine the consequence thereof - petition allowed by way of remand. - U.V.R. No. 7 of 2010 (O&M) - Dated:- 31-8-2016 - Rajesh Bindal and Harinder Singh Sidhu, JJ. Shri Sandeep Goyal, Advocate, for the Petitioner. Shri Jagmohan Bansal, Addl. Advocate General, for the Respondent. ORDER [Order per : Rajesh Bindal, J.]. - The assessee has filed the present petition raising the following substantial questions of law arising out of the order dated 5-3-2009 passed by the .....

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DEPB licences, earned on account of sales of cotton yarn exported outside India, is to be set off, from the exemption limit, given in Exemption Certificate issued under the PGST (D&E) Rules, 1991? (iii) Whether on the facts and circumstances of the case, it was a case of mere escaped turnover and on that basis pointed out by the Audit, no Revisional proceedings could have been initiated? (iv) Whether the Revisional proceedings initiated after the expiry of three years from the last date of .....

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ainst the limit, for which the petitioner had been granted exemption from payment of tax. During the year in question, the petitioner had received DEPB, which is a tradable commodity on 16-8-2001 at Chandigarh office. The petitioner-company even received import/export licence at the Chandigarh address of the petitioner-company. The DEPB, which is a tradable commodity was sold by the petitioner from its Chandigarh office to the buyers located at Calcutta and Delhi and even the payment was also re .....

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itioner raising the issue of jurisdiction of the Commissioner to bring the transaction to tax, inter alia, on the ground that the goods were not taxable under the provisions of the Act and secondly, the transaction was in the course of inter-State trade from Chandigarh. Despite these facts the revisional authority ignoring the provisions of the Act as well as the settled principles of law, levied the tax. The order was upheld by the Tribunal in revision filed by the petitioner. 3. The submi .....

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tion in the course of inter-State trade, as all the buyers were located in different States outside the State of Punjab. He further submitted that despite the contention regarding the transaction being in the course of inter-State trade from Chandigarh and the buyers being outside the State of Punjab, neither the revisional authority nor the Tribunal has considered this aspect. No notice under the Central Sales Tax Act, 1956 had been issued. 4. On the other hand, learned counsel for the Sta .....

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