Search Results for "Sales Tax/VAT"

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High Court

High Court of Karnataka Dismisses Revenue's Revision in KVAT Input Tax Credit Dispute — Assessee Entitled to ITC Despite Supplier's Default. Input Tax Credit cannot be denied to a bona fide purchaser merely because the selling dealer failed to discharge tax liability, as per Section 70(2) of the Karnataka Value Added Tax Act, 2003.

16 Jan 2025

The State of Karnataka, represented by the Finance Department, filed a Sales Tax Revision Petition under Section 65(1) of the Karnataka Value Added Ta...

High Court

Bombay High Court Quashes Ex-Parte Assessment Orders in MVAT and CST Case for Violation of Natural Justice — Assessment Orders Passed Without Considering Petitioner's Submissions and Without Granting Personal Hearing. The court held that the assessing officer must consider the assessee's response and grant a hearing before passing assessment orders, even if limitation is expiring.

30 Apr 2021

The petitioner, Greatship (India) Ltd., a company engaged in providing specialized services to oil and gas exploration and production entities, filed ...

High Court

Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

13 Dec 2019

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

Supreme Court

Supreme Court Allows Revenue's Appeal in Gypsum Board Tax Classification Case. Holds that Gypsum Board Falls Under 'Gypsum in All Its Forms' Entry in Rajasthan VAT Act, Taxable at 4%.

8 Jan 2019

The Supreme Court allowed the appeals filed by the Additional Commissioner (Legal), Commercial Taxes, Rajasthan and another against the judgment of th...

High Court

High Court of Karnataka Dismisses Revision Petitions of Granite Dealer in VAT Dispute — Inter-State Sale of Rough Granite Blocks Not Proven as Export Sale. Assessee failed to discharge burden of proof under Section 5(1) of Central Sales Tax Act, 1956.

6 Jul 2018

The petitioner, M/s. Shanthakoti Enterprises, a dealer engaged in extraction and sale of rough granite blocks from quarries in Chamarajanagar, filed r...

High Court

Bombay High Court Upholds TDS Provisions Under Goa VAT Act for Works Contracts — Rule 4A and Entry C-14 Held Valid. Amendment to Section 28(1) of Goa Value Added Tax Act, 2005 for deduction of tax at source from payments to contractors is constitutionally valid and not ultra vires.

1 Aug 2016

The petitioners, including the All Goa Contractors Association and four contractor companies, challenged the constitutional validity of Rule 4A insert...

High Court

Bombay High Court Dismisses Petitions Challenging Local Body Tax Classification. Classification of dealers based on turnover for LBT exemption is valid under Article 14 as it has a rational nexus with the object of the Maharashtra Municipal Corporation Act, 1949.

8 Jan 2016

The petitioners, M/s. Nagpur Distillers Private Limited and M/s. Vidarbha Distillers, are dealers within the meaning of Section 2(16A) of the Maharash...

High Court

Karnataka High Court Allows State Appeal in VAT Classification Dispute — Vegit-Aloo Hara Bara Kebab Held Not a Vegetable Product. Classification under Karnataka Value Added Tax Act, 2003 depends on predominant ingredient and common parlance, not processing method.

20 Mar 2015

The State of Karnataka filed a writ appeal under Section 4 of the Karnataka High Court Act challenging the order of a learned Single Judge in Writ Pet...

High Court

High Court of Karnataka Allows State Appeal in VAT Classification Dispute — Vegit-Aloo Hara Bara Kebab Held Not Exigible to Tax Under Entry 82 of Schedule IV of KVAT Act, 2003. The court held that the product, being a mixture of dehydrated potato flakes and vegetables, does not fall under the specific taxing entry and is not exigible to tax.

20 Mar 2015

The State of Karnataka filed a writ appeal challenging the order of a learned Single Judge in Writ Petition No.40521/2010 dated 10.02.2011. The respon...

High Court

Bombay High Court Dismisses Revenue's Appeal in Sales Tax Classification Dispute. Non-prescription sunglasses/goggles are medical devices under Schedule Entry C-107(8) of MVAT Act, 2002, taxable at 4%, not residuary entry E-1 at 12.5%.

9 Aug 2012

The case involves a dispute over the classification of non-prescription sunglasses/goggles under the Maharashtra Value Added Tax Act, 2002. The respon...

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