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High Court of Karnataka Allows Writ Petition Seeking Refund of Pre-deposit in VAT Matter — Mandamus Issued for Release of Rs. 16,11,19,226/- and Interest on Delayed Refund. Petitioner entitled to refund of pre-deposit amount with interest under Article 226 of the Constitution of India.

The petitioner, M/s. Flipkart India Private Limited, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus d...

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Supreme Court Dismisses State's Appeal in VAT Dispute — Purchase Price Under GVAT Act Does Not Include VAT Component. Value Added Tax and unclaimed tax credit purchases excluded from taxable turnover of purchases for reduction of tax credit under Section 11(3)(b) of Gujarat Value Added Tax Act, 2003.

The State of Gujarat appealed against the judgment of the Gujarat High Court which affirmed the order of the Gujarat Value Added Tax Tribunal. The dis...

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Supreme Court Quashes Adverse Remarks and Costs Against Tax Officer in UP VAT Act Case Due to Violation of Natural Justice. High Court's Findings on Ex Parte Assessment and Service of Notice Upheld, but Ancillary Strictures and Penalties Set Aside for Lack of Hearing Opportunity.

The Supreme Court addressed appeals by a tax officer challenging adverse observations, remarks, and costs imposed by the High Court of Judicature at A...

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Karnataka High Court Quashes Re-Assessment Orders in KVAT Act Case Due to Non-Application of Mind and Lack of Reasons. Input Tax Credit Denial Based on Non-Availability of Selling Dealers at Registered Address Held Invalid Under Section 10(2) and Section 39 of Karnataka Value Added Tax Act, 2003.

The petitioner, M/s Onyx Designs, a proprietorship concern dealing in bags and gift items, was a registered dealer under the Karnataka Value Added Tax...

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Bombay High Court Allows Petitions Challenging Levy of Entry Tax on Natural Gas Under Maharashtra Entry Tax Act, 2002 — Holds That Natural Gas Is Not 'Goods' for Entry Tax Purposes When Supplied Through Pipelines

The judgment concerns four writ petitions filed by companies (Deepak Fertilisers and Petrochemicals Corporation Ltd., Smartchem Technologies Ltd., Emp...

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High Court of Karnataka Quashes Reassessment Order in VAT Case Due to Limitation Bar — Reassessment Order Passed Beyond 5-Year Limitation Under Section 39(1) of KVAT Act, 2003 Cannot Be Sustained Despite Court Direction. Court Directions Cannot Extend Statutory Limitation Period.

The petitioner, M/s. Federal Mogul Goetze (India) Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the r...

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Bombay High Court Dismisses Petition of Kerosene Dealers' Association Challenging Inclusion of VAT in Ceiling Price. State's Power to Fix Maximum Price Including Taxes Upheld Under Essential Commodities Act, 1955.

The petitioners, Mumbai Kerosene Dealers' Association and its members, who are wholesale kerosene dealers holding licences under the Maharashtra Keros...