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Search Results for "taxing entry interpretation"

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High Court

Bombay High Court Upholds Classification of Nescafe Premix as Coffee Under Entry 3 of Schedule C Part II of Bombay Sales Tax Act, 1959. Product 'Coffee and Instant Drinks Nescafe Premix' Held Not Covered by Entry 18(2) (Beverages) Based on Common Parlance Test and Predominant Ingredient.

27 Nov 2025

The case involves a reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from a dispute between the Commissioner of Sales Tax, Mahara...

Supreme Court

Supreme Court Allows Union of India's Appeals in Service Tax on Lottery Tickets Case — Holds That Service Tax on Promotion, Marketing, and Sale of Lottery Tickets Is Within Parliament's Competence Under Entry 97 List I Read With Article 248 of the Constitution, and Not Exclusively Within State's Domain Under Entry 62 List II. The Court upheld the constitutional validity of amendments to the Finance Act, 1994 levying service tax on services related to lotteries, reversing the Sikkim High Court's decision.

3 Mar 2025

The Supreme Court, in a batch of appeals led by Union of India v. Future Gaming Solutions Pvt. Ltd., considered the constitutional validity of amendme...

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

Karnataka High Court Allows Appeal in VAT Classification Dispute — Vegetable Fat Spread Held to Fall Under Entry 31 of Third Schedule to KVAT Act, 2003 as Edible Oil. Product 'Vegetable Fat Spread' is not an unscheduled commodity but is covered by Entry 31 of the Third Schedule to the Karnataka Value Added Tax Act, 2003.

23 Nov 2016

The appellant, M/s. 3F Industries Ltd., manufactures and markets a product called 'vegetable fat spread'. The Commissioner of Commercial Taxes issued ...

High Court

Bombay High Court Upholds Classification of Hard-Anodised Utensils Under Residual Entry in Sales Tax Reference. Hard-Anodised Utensils Held Not Classifiable as Aluminium Utensils Under Entry C-II-17 of Schedule E of Bombay Sales Tax Act, 1959, But Under Residual Entry C-II-46A.

22 Nov 2016

The case involves two Sales Tax References under Section 61 of the Bombay Sales Tax Act, 1959, at the instance of Meera Metal Industries (the applican...

High Court

Bombay High Court Dismisses Commissioner's Appeal in VAT Classification Dispute — Nutritional Supplements Classified as Food Preparations at 5% Tax. The Court upheld the Tribunal's classification under Schedule Entry C-107(11)(g) of the MVAT Act, 2002, rejecting the Commissioner's attempt to reclassify the products as medicaments.

6 May 2016

The case involves two appeals filed by the Commissioner of Sales Tax, Maharashtra State, under Section 27 of the Maharashtra Value Added Tax Act, 2002...

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 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 Dismisses Commissioner's Appeal in Sales Tax Classification Dispute — Entry C74 'Plastic Footwear' Construed as Requiring Predominant Plastic Content, Not Exclusively Plastic. The product 'Escort 111 SYN Black', though not wholly made of plastic, was held to be covered by Entry C74 of the Maharashtra Value Added Tax Act, 2002, as it was predominantly made of plastic and moulded.

24 Jun 2011

The Commissioner of Sales Tax appealed against the decision of the Maharashtra Sales Tax Tribunal which had held that the product 'Escort 111 SYN Blac...

High Court

Bombay High Court Allows Appeal in VAT Classification of Electric Bicycle — EBikeMatrix Held to Be a Bicycle Under Schedule Entry C14 of MVAT Act, 2002. The court held that a bicycle with an auxiliary electric motor of less than 0.5 KW and battery backup is a 'bicycle' under Entry C14, taxable at 4%, not 12.5%.

6 May 2010

The appellant, M/s R.K. Rim Pvt. Ltd., a manufacturer of bicycles, started producing a product called 'EBikeMatrix', which is a bicycle with an auxili...

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