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Supreme Court Allows Tax Classification Appeal -- 'Appellants Product' Held as Fruit Drink Under UPVAT Act -- Appellants Succeeds Against Commercial Tax Commissioner

The Supreme Court allowed appeals filed by Appellants challenging the classification of their product under the Uttar Pradesh Value Added Tax Act, 200...

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case on Bifurcation of Interest and Service Charges. Tribunal's finding that no service tax liability arises prior to 01.03.2006 due to absence of mechanism for bifurcation of value of service from interest amount upheld.

The appeal was filed by the Commissioner of CGST & Central Excise under Section 35G of the Central Excise Act, 1944, challenging the order of the Cust...

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High Court of Karnataka Allows Appeal in KVAT Act Classification Dispute — Authority for Clarification & Advance Rulings Not Properly Constituted Under Section 60. Product 'Yakult' Held Entitled to Benefit of Entry 19 of First Schedule as Milk Product, Taxable at 4% Not 14%.

The appellant, Yakult Danone India Pvt Ltd, is the manufacturer of a product called 'Yakult', which it claimed is akin to 'lassi' and thus a milk prod...

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Supreme Court Allows Dealer's Appeal in Sales Tax Exemption Case, Holding Assessment Order for Pre- and Post-Constitution Periods is Severable. Burden of Proof for Exemption Under Article 286(1)(a) Lies on Dealer, but Assessment Order Can Be Partly Declared Void Without Invalidating Entire Assessment.

The appellant, a firm of dealers in pulses at Vijayawada, carried on business of sending pulses to other States by rail during the assessment year 194...

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High Court of Karnataka Dismisses Revenue's Revision in KVAT Case — Tribunal's Factual Finding on Stock Transfer Not Interfered With. Section 65 of KVAT Act, 2003 does not permit re-appreciation of evidence unless perversity is shown.

The State of Karnataka, represented by the Commissioner of Commercial Taxes, filed a revision petition under Section 65 of the Karnataka Value Added T...

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Bombay High Court Allows Revenue's Appeal in Rental Income Classification Case. Rental income from leasing unsold units of a commercial complex constructed by a real estate developer is assessable as business income, not income from house property.

The case involves multiple appeals filed by the Commissioner of Income Tax against the common order of the Income Tax Appellate Tribunal (ITAT) which ...