Search Results for "sales tax liability"

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Search Results for "sales tax liability"

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High Court

Bombay High Court Allows Petition of Country Liquor Manufacturer Against Inclusion of State Excise Duty in Sale Price for Sales Tax. State Excise Duty paid directly by purchaser is not part of sale price under Section 2(28) of Bombay Sales Tax Act, 1959.

3 Sep 2010

The petitioners, Rajarambapu Patil Sahakari Sakhar Karkhana Limited (a cooperative society) and its office bearer, are manufacturers of country liquor...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

High Court

Bombay High Court Allows Assessee's Appeals and Petitions in Sales Tax Deferral Case — Remission of Liability Not Established Without Credit by Sales Tax Authorities. Payment of Present Value to SICOM Does Not Constitute Remission Under Section 41(1) of Income Tax Act, 1961 When Sales Tax Authorities Have Not Given Credit.

10 Jun 2010

The assessee, M/s. SI Group India Ltd., had an industrial unit in Raigad district, a notified backward area. The Government of Maharashtra issued a pa...

High Court

Bombay High Court Dismisses Petition Seeking Declaration of Settlement Discharge in Sales Tax Dues. Settlement Not Binding on Tax Authorities Without Formal Acceptance Under Bombay Sales Tax Act, 1959.

3 Feb 2006

The petitioner, Pradip Nanjee Gala, as Karta of a Hindu Undivided Family, filed a writ petition seeking a declaration that a settlement arrived at wit...

Supreme Court

Supreme Court Partly Allows Appeals in Income Tax Dispute Over Disallowance of Fees and Taxes Under Section 40(a)(iib) of Income-tax Act, 1961. The Court upheld the High Court's finding that gallonage fee, licence fee, and shop rental for FL9 licences were disallowable as exclusive levies on a State Government undertaking, while those for FL1 licences were not exclusive, and surcharge on sales tax and turnover tax were not fees or charges under Section 40(a)(iib) of the Income-tax Act, 1961.

3 Jan 2022

The appeals arose from a common judgment of the High Court of Kerala in income tax matters involving Kerala State Beverages Manufacturing & Marketing ...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in MODVAT Credit Deduction Case Under Section 43B of Income Tax Act. Unutilised MODVAT Credit and Sales Tax Recoverable Account Not Allowable as Deduction Without Actual Payment of Excise Duty Liability.

7 Feb 2020

The Supreme Court dismissed appeals by Maruti Suzuki India Ltd. against the Delhi High Court judgment dated 07.12.2017, which upheld the disallowance ...

Supreme Court

Supreme Court Upholds Commissioner of Taxes in Sales Tax Assessment on Packing Materials. Assessee's Containers of Exempted Goods Taxable if Agreement to Sell Exists, Not Dependent on Separate Price Alone.

27 Oct 1966

The case concerns a dispute over sales tax liability on packing materials under the Assam Sales Tax Act, 1947. The respondent, Prabhat Marketing Co. L...

High Court

Bombay High Court Answers Sales Tax Reference in Favor of Dealer, Allowing Resale Deduction Under Section 8(2) of Bombay Sales Tax Act Despite Purchases from Exempted Dealers. Court Holds That Exemption Conditions in Entry 39(a) Schedule A Do Not Estop Purchasing Dealer from Claiming Independent Statutory Deduction.

28 Apr 2017

The matter arose from a sales tax assessment of a proprietary concern engaged in reselling footwears, who was not a manufacturer and held no trademark...

Supreme Court

Supreme Court Decides Tax Deduction at Source Liability for Cellular Mobile Service Providers Under Income Tax Act, 1961 - The Court clarified that obligation under Section 194-H requires principal-agent relationship between payer and payee as per Section 182 of Contract Act, 1872, and payments must be for services in buying/selling goods or asset transactions, not being securities.

28 Feb 2024

The Supreme Court delivered a common judgment addressing appeals by the Revenue and assessees, who were cellular mobile telephone service providers, c...

High Court

High Court of Bombay Allows Revenue's Appeal in MVAT Penalty Case — Section 61(2) Does Not Permit Reduction of Penalty Below Statutory Rate. The court held that once a penalty is imposed under Section 61(2) of the MVAT Act, the quantum must be exactly one tenth per cent of total sales, with no discretion to reduce.

15 Sep 2011

The Revenue appealed against a decision of the Maharashtra Sales Tax Tribunal reducing a penalty imposed under Section 61(2) of the Maharashtra Value ...

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