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)
HC quashes Customs Instruction mandating review of MOOWR licenses granted for solar power generation
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC) [1] dealing with the validity of the Instruction [2] insofar a...
-
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...
-
1. Introduction: Every trust/charitable society/ NGO that wishes to claim the tax exemption benefits has to file Form 10A to seek fresh re...
-
This article talks about important rules for buyers who are registered under GST to follow when they claim Input Tax Credit (ITC). Here ar...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
-
NECESSITY : Sometimes, in view of the expansion of the business, multiple increase in turnover and need for getting finances from the ...
-
Filing income tax returns (ITR) within the specified timelines under the Income-tax Act is not just a legal obligation but also crucial fo...
-
This Tax Alert summarizes a recent instruction issued by the SEZ Division, Department of Commerce, clarifying various concerns relating t...
-
On 25 April 2024, the Hon’ble High Court of Karnataka delivered a judgement (W.P. No.18486/2012 and others) striking down the special prov...
No comments:
Post a Comment