Burnt coal residue from
paper manufacturing process classifiable as “coal including coke in all its
form….”, taxable at 4% under U.P. VAT Act as it retains its combustible
properties; HC finds that during AYs 1999-2000, 2000-01 & 2001-02, said
product was taxed at 4% but pursuant to HC decisions in Modi Spinning &
Weaving Mills and British India Corporation Limited, same came to treated as
“unclassified” residual article taxable at 10% from AY 2002-03 onwards;
Observes that in case of Modi Spinning & Weaving Mills, the issue pertained
to taxability of “coal cinder” whereas British India Corporation case dealt
with taxability of “coal ash”, thus these cases cannot be understood or applied
without bearing in mind the particular commodities under consideration therein;
Noting that Revenue had not submitted any evidence to establish that residual
commodity had lost all its combustible properties, HC remarks that “In issues
of classification, the Department cannot be permitted to vacillate unless there
be new material and evidence which may justify or warrant a change in stance”;
Referring to Division Bench decision in District Cooperative Development
Federation Ltd. which held that “coal dust” would classify as “coal” as both
have same combustible properties and similar usage, HC rules in favour of
assessee : Allahabad HC
Subscribe to:
Post Comments (Atom)
Amendment of BE on Payment of IGST for Advance Authorisation Default
This is to update you about an important decision by Kerala Hon’ble High Court (HC) in the case of Travancore Cocotuft Private Limited v....
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
This is to update you about an important decision by Tribunal in the case of Filatex India Limited vs. CCE & ST , E A No. 10231 of ...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Introduction It's important for taxpayers to have a clear understanding of the available allowances and deductions, as they can grea...
-
· Mumbai ITAT in the case of Mukesh Harilal Mehta held that Exemption U/S 54 cannot be denied merely due to mistake by the developer.
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
No comments:
Post a Comment