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Search Results for "sales tax return"

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High Court

Bombay High Court Dismisses Revenue's Appeal in Bogus Purchase Case, Upholds Estimation of Income at 12.5% on Disputed Purchases. The Court held that in the absence of specific evidence linking the assessee's transactions to bogus purchases, the entire expenditure cannot be added under Section 69C of the Income Tax Act, 1961.

7 Aug 2024

The case involves two appeals filed by the Revenue under the Income Tax Act, 1961, challenging a common order of the Income Tax Appellate Tribunal (IT...

High Court

High Court of Bombay at Goa Allows Tax Appeal in Part on Demurrage Disallowance and Education Cess Deduction — Demurrage paid to non-resident buyers not taxable under section 172 of Income Tax Act, 1961 as occasional shipping; Education Cess allowable as deduction in year of payment.

28 Feb 2020

The judgment concerns two tax appeals filed by Sesa Goa Limited against the Joint Commissioner of Income Tax, Range 1, Panaji Goa, arising from assess...

Supreme Court

Supreme Court Allows Appeals in VAT/GST Pre-deposit Dispute — Holds That Proof of Payment Can Be Produced Before First Hearing. The Court ruled that the requirement to deposit 12.5% of the disputed tax under the second proviso of Section 19 of the APGST Act, 1957 does not mandate payment within the limitation period for filing the appeal, but only before the appeal is first taken up for consideration.

10 Jul 2019

The Supreme Court considered a batch of civil appeals arising from orders of the Appellate Authority under the APGST Act, 1957, AP VAT Act, 2005, and ...

High Court

Bombay High Court Allows Appeal in MVAT Classification Dispute — Multi Function Printers Held Classifiable as Automatic Data Processing Machines Under Entry 84.71. The Court ruled that multi function printers with copying, printing, scanning, and faxing capabilities are classifiable as automatic data processing machines or units thereof under Entry 84.71 of the VAT Notification, not as laser jet printers or under residual entry.

20 Dec 2018

The appellant, Ricoh India Limited, a company registered under the Companies Act, 1956, filed an appeal under the Maharashtra Value Added Tax Act, 200...

High Court

Karnataka High Court Allows Appeals by Garment Dealers in CST Act Reassessment Case — Reopening of Assessment Beyond Four Years Without Allegation of Fraud or Suppression of Facts is Invalid. The court held that the Additional Commissioner's suo motu revision under Section 9(2) of CST Act read with Section 39 of KVAT Act was barred by limitation as no fraud or wilful suppression was alleged.

7 Dec 2017

The case involves multiple appeals filed by garment dealers from Bellary under Section 66(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) aga...

High Court

High Court of Karnataka Allows Writ Petition in VAT Discount Deduction Case — Reassessment Order Set Aside Following Binding Precedent. The court held that discounts allowed to customers after sale via credit notes are deductible under Section 30 of the KVAT Act read with Rule 31 of the KVAT Rules, and the reassessment under Section 39(2) was barred by limitation.

16 Feb 2016

The petitioner, M/s Pratham Motors Private Limited, a dealer in cars, filed writ petitions under Articles 226 and 227 of the Constitution of India cha...

High Court

Bombay High Court Upholds Tribunal's Interpretation of Assessment and Penalty Provisions under Maharashtra Sales Tax Act. The court held that an assessment under Section 33(3) of the Act cannot be treated as one under Section 33(5) for the purpose of invoking Explanation (1) to Section 36(2)(c) for levy of penalty.

7 Jan 2016

The case involves a sales tax reference under Section 61 of the Maharashtra Sales Tax Act, 1959, arising from a dispute between the Commissioner of Sa...

High Court

Karnataka High Court Dismisses State's Revision in Sales Tax Case — Transfer of Know-How Not a Sale. Brand Owner Exempt from Tax as No Manufacturing Activity Undertaken by Assessee Under Karnataka Sales Tax Act, 1957.

1 Oct 2015

The State of Karnataka filed revision petitions under Section 23(1) of the Karnataka Sales Tax Act, 1957, challenging an order of the Karnataka Appell...

High Court

High Court of Karnataka Allows Revision Petitions in CST Act Penalty Case — Non-Furnishing of Form-H Declaration for Export Sales. The Court held that penalty under Section 9(2) of the CST Act read with Section 63 of the KVAT Act cannot be imposed when the assessee had exported the goods and the failure to furnish Form-H was due to the death of the assessee and subsequent inability to obtain the declaration from the foreign buyer.

27 Aug 2015

The petitioner, E. Ramamurthy, was a dealer engaged in the extraction and sale of iron ore. He died on 05.08.2006, after the relevant assessment perio...

High Court

Bombay High Court Dismisses State's Petition Challenging Quashing of Chargesheet Against Deputy Commissioner of Sales Tax for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction under Section 197(1) CrPC are invalid as the officer was not removable from service except by the State Government.

23 Aug 2006

The State of Maharashtra and other petitioners challenged the judgment of the Maharashtra Administrative Tribunal dated 18th June 1999 in Original App...

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