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)
Recent Landmark GST Judgments: A Comprehensive Overview
The Goods and Services Tax (GST) regime continues to evolve through judicial interpretations. From the Supreme Court to various High Court...
-
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...
-
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
The introduction of the Goods and Services Tax Appellate Tribunal (GSTAT) has brought significant changes to the pre-deposit framework for...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
With the government making Aadhaar Card ( unique identification card ) mandatory in procuring LPG connections, issuing passports, sale or...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
This is to update you on procedure prescribed by the Office of the Development Commissioner, Karnataka Sub Zone (the “Office”) to be foll...
-
MARRIAGE EXPENSES - POWERS OF I.T. AUTHORITIES In the recent past the Income Tax Department has been concentrating on collecting informat...
-
The provision of a corporate guarantee, where one company pledges to cover the financial obligations of another (often a subsidiary or affil...
No comments:
Post a Comment