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Orissa VAT:Officer involved in audit process,can't do audit assessment u/s42.
Orissa VAT- If deputy commissioner has ordered sales tax officer to prepare audit report then DC cannot rely on that report to make an assessment.
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WB VAT:AO'ld supply way bills if he is genuinely satisfied with assesse's appli…
WB VAT: If assessing authority is genuinely satisfied that the request made by assessee to issue way bills is correct and complete, then AO can't deny the supply of way bills.
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Security given by transporter for release of goods should be refunded promptly
Cases where the security is given by a transporter to get the goods released from sales tax department should be released ASAP by the VAT department. Department should avoid harassing the innocent assessees.
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Get registered with VAT (Sales Tax) in 1 day - register on Mobile App- DVATMsewa
Yes,it is possible to obtain VAT (Sales Tax - Delhi) number in a single day. Just go to app store on your mobile phone and download the App-DVATMsewa. Install it and follow the easy steps given in App. Basically, you need to register by giving your …
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Cell phones and Tablets are not declared goods
The Telecom department has proposed before Empowered Committee (EC) of State Finance Ministers to consider the mobile phones and tablets under the declared goods category. However, the EC has declined the offer. EC is of view that no good should be …
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Next year assessment opened as some unidentified purchases found in previous yr
An assessing officer found some unverified purchases of mustard oil during an year. Taking this ie unverified purchases as a basis, he initiated the assessment proceedings for the following year too. The assessee filed a writ petition. The court hel…
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Sales made at Bombay High are not covered under Central Sales Tax Act
Bombay High is situated around 180 km off the baseline of coast of India and forms part of "exclusive economic zone." Bombay High does not form part of any state or union territory of India. So the sales made at Bombay High are not covered under in…
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State can levy sales tax on sales aspect only and not on the entire bill amount
Sky Gourmet provides catering services to airlines. It provides food and also provides food supply services like loading and unloading, transportation of food, etc. Sky Gourmet charged separately for food from other services offered. It charged serv…
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Is GRD powder covered under the expression "non-alcoholic drink and beverage"?
Any potable liquid except water is a "beverage". Law clearly states that, an item in order to be classified as beverage, should be in the liquid form. The expression "beverage" as is commonly understood means any liquid other than water, which may b…
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Stock transfer Vs Inter State Sale
If a company manufactures goods in one of its units. Then transfers it to its another unit in another state. Apparently, this looks to be an inter state sale. But if the goods transferred are not sold as they are, but are used in or become a part of…
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Whether Ginger and garlic paste are vegetable or masala?
Ginger and garlic paste are vegetables and not masala. This has been held by the HC of Karnataka. HC held that as the names of garlic and ginger paste do not appear in lists of vegetable and fruits, so they should be categorised with the item that i…
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High Court held there was inter-state trade VAT was not applicable
Petitioner federation supplied milk to Ministry of Defence (MoD) in J&K.; Its supplies were intercepted and its members were asked to procure VAT registration. On writ petition filed, High Court held that sale/supply of goods by petitioner from manu…
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High Court held that there was only one taxable event of sale
VAT & CST,Jul. 04, 2016Larsen & Toubro was into execution of civil, mechanical contracts. It was a registered dealer for VAT and CST. It entered into works contracts with various companies and execution of contracts was entrusted to various sub-contractors. It challenged levy and recovery of taxes both at the hands of sub-contractors and main contractor. High Court held that there was only one taxable event of sale of goods in such a transaction. It set aside tax levy.-9…
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High Court upheld composition as there was no wilful conduct by assessee
VAT & CST,Jul. 04, 2016Assessee was an exporter/wholesaler of steel-made items. It had sold steel balls and submitted ST-1 form and claimed exemption. The ST-1 form was found to be forged. Assessing authority levied sales tax, and directed registration of FIR. Assessee made an application u/s 54 for composition of offences. High Court upheld Tribunals decision allowing composition, as there was no willful conduct by assessee, and it had offered composition money. -900224
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W.e.f. 18-8-2001 Tamilnadu GST taxes the Electric panel board @ 12% under entry…
VAT & CST,May. 01, 2017Tax @ 8% will be levied on Electric pannel board from vogue 1.April.2001 to 17.August.2001 and @ 12% from 18.august.2001 onwards.
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Appeal rejection on ground of late payment - upheld by HC
VAT & CST,May. 16, 2017Assessee is reg. dealer under A.P. VAT Act & CST Act. As assessee could not provide C forms at the time of audit, revenue levied higher rate of tax on turnover of Rs.10.78 cr. Assessee didn't deposit 12.5% of disputed tax, in time and went for appeal. Revenue rejected the appeal. On appeal to HC, HC held that first appellate was right in rejecting the appeal as disputed tax wasn't deposited in time.
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Notice served .... not served .... Tribunal should decide-HC
VAT & CST,May. 16, 2017This is so bad. Sh...sh....sh..... Even I may have done it some times. But now I can't ... As it has been held by HC... If department sends a notice by registered post (RPAD), postman takes it to address and shows it to addressee. But addressee, doesn't receive it (after watching). So, post office returns notice to tax officers under a remark "Addressee has refused to accept it". Then, ITAT should accept the appeal, apparently notice is served.
Assessee couldn't retract admission of offence once it applied for compounding
Assessee filed application u/s-55 contending that intelligence officer wrongly quantified the compounding fee payable. Same was not maintainable as order of compounding passed u/s-74 was not an appealable order for purposes of section 55. Therefore, assessee could not have availed of appellate remedy against order of Intelligence Officer-007676
VAT & CST,Dec. 05, 2017-
As per AP VAT Act , liquid medical oxygen IP is taxable at 5%.
VAT & CST,Dec. 05, 2017HC held that liquid medical oxygen IP, medical grade oxygen and nitrous oxide IP under a licence granted under Drugs and Cosmetics Rules, 1945 manufactured by assessee would fall under Entry No. 88 of Fourth Schedule to VAT Act and were liable to tax at rate of 4/5 per cent. Since, goods were surgical aids used for or in treatment and mitigation of disorders in human beings. Thus, AO contention can't be sustained to levy tax @ 12.5/14.5 per cent.-0…
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Ques. of sale being inter-state or intra-state to be settled U/S 9(i) of VAT Act
VAT & CST,Dec. 12, 2017Registered dealers & expoters of M.P filed an writ petition before HC seeking exemption from taxes to be levied on them as per the highest bidders for the sale of tendu leaves. Since, sales were claimed to be inter-state not intra-state, levy of taxes is not eligible. SC ordered AO to check the nature of sales U/S 9(i) of VAT Act for eligiblity of taxes. Till then, amount submitted by dealers before HC will not be refunded.-900211
Input tax credit should be claimed within the time limit of Section 19(11)
VAT & CST,Dec. 12, 2017Dealers failed to claim Input Tax credit of any transaction of taxable purchase in any month, shall have the benefit if makes claim before the end of the financial year or before ninety days, whichever is later. Subsequently, legislature to safegaurd authority from any misuse or tax evasion passed section 19(11) TN VAT which prescribes time limit to claim credit. Thus, section 19(11) is not inconsistent or arbitrary.-900212
No end state registrain required under VAT to constitute inter-state sales.
A truck was detatined at ICC shambhu barriers for non-registration of supplier under Punjab VAT, the end state of inter-state sale. HC ordered to release truck as no such registration at end state is required to constitute inter-state sales. Therefore, rights granted in article 301 for freedom in sales is maintained.-900216
VAT & CST,Dec. 12, 2017-
VAT & CST , Dec. 12. 2017Clarification issued by Finance Department upheld, HC
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VAT & CST , Dec. 12. 2017
Rejection of admission of appeal on ground of belated payment of upheld, HC
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VAT & CST , Dec. 12. 2017If no local sale made then assessee not liable to pay tax, HC
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VAT & CST , Dec. 12. 2017
As sales were intra sales, thus petitioners held liable to pay tax, HC
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VAT & CST , Dec. 12. 2017Claim of exempt. from tax on slaes to purchasing dealers upheld, HC
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