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Search Results for "sales tax reference"

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Supreme Court

Supreme Court Upholds State Sales Tax on Pan Masala and Gutkha in Multiple Appeals. State Legislatures Empowered to Levy Sales Tax on These Goods Despite Central Excise Levies, as They Are Not Declared Goods Under Section 14(ix) of Central Sales Tax Act, 1956.

4 May 2023

The Supreme Court disposed of a batch of appeals arising from judgments of three High Courts concerning the taxability of pan masala and gutkha under ...

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 Petition Challenging GST on Lotteries — Holds Lottery as Actionable Claim and Movable Property Under CGST Act. Levy of GST on Face Value of Lottery Tickets Without Abating Prize Money Upheld as Constitutional.

3 Dec 2020

The petitioner, Skill Lotto Solutions Pvt. Ltd., an authorized agent for sale and distribution of lotteries organized by the State of Punjab, filed a ...

High Court

Bombay High Court Allows Reference in Sales Tax Case, Holding Tribunal Must Adjudicate on Exim Scrips Levy Despite Ground Not Raised in Appeal Memo. Section 55 of Bombay Sales Tax Act, 1959 Confers Wide Appellate Powers to Consider Any Necessary Ground.

16 Apr 2019

The case involves two Sales Tax References filed by M/s Bombay Dyeing & Mfg. Co. Ltd. against the Commissioner of Sales Tax, Maharashtra State. The ap...

High Court

Bombay High Court Dismisses Retail Liquor Dealers' Challenge to Sales Tax on Pre-December 1998 Stock. Circular and Notifications imposing 8% sales tax on liquor stock manufactured before 9th December 1998 held valid and not retrospective.

31 May 2017

The petitioner, Maharashtra Retail Liquor Dealers' Association, representing retail liquor licensees holding FLII Licence under the Bombay Prohibition...

High Court

High Court of Karnataka Dismisses Petitions Challenging Amendment to Section 10(3) of KVAT Act, 2005 — Restriction on Input Tax Credit for Inter-State Purchases Upheld. The court held that the amendment is a valid legislative measure to prevent tax evasion and does not violate Article 14 of the Constitution.

29 Mar 2016

The case involves a batch of writ petitions filed by various companies, including Sonal Apparel Private Limited and Hindustan Coca Cola Beverages Priv...

High Court

Bombay High Court Sanctions Scheme of Amalgamation Between Casby CFS Pvt. Ltd. and Casby Logistics Pvt. Ltd. Under Section 394 of Companies Act, 1956 — Restructuring of Casby Group Approved. Court found the scheme fair, reasonable, and not contrary to public interest, with no objections from Regional Director.

19 Mar 2015

The judgment concerns a petition filed by Casby CFS Pvt. Ltd. (Transferor) and Casby Logistics Pvt. Ltd. (Transferee) seeking sanction of a scheme of ...

High Court

Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

10 Jun 2013

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

High Court

Bombay High Court Holds Telecommunication Service Constitutes 'Commerce' Under Bombay Sales Tax Act — Incidental Sale of Scrap Taxable. The court interpreted Section 2(5A) of the Bombay Sales Tax Act, 1959 to include telecommunication services as 'commerce', making the appellant a 'dealer' liable for tax on scrap sales.

27 Apr 2012

The case involves Sales Tax References under the Bombay Sales Tax Act, 1959, concerning the tax liability of M/s. Bombay Telephone (now Mahanagar Tele...

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...

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