SC
upholds Single Judge bench view of HC, provisions of Standards of Weights and
Measures Act, 1976 (SWM Act, 1976), Standards of Weights and Measures
(Enforcement) Act, 1985 (SWM Act, 1985) and Legal Metrology Act, 2009
(LMA, 2009) inapplicable to 'mineral water' sale in hotels and restaurants at
prices above MRP; Notes HC’s Division Bench observation that Single Judge Bench
judgment to the effect that charging prices in excess of printed MRP does not
violate provisions of SWM Act, shall not be enforceable in respect of
provisions of LMA, 2009 and same needs to be adjudicated in de-novo proceedings
under the new Act; Elucidates that, object of LMA, 2009 is only to do away with
1976 and 1985 Acts and combine provisions into one enactment to make the law
simple and bring in transparency, moreover, despite changes made by
46thConstitutional amendment introducing Article 366(29A), position qua ‘sale’
in LMA 2009 / Rules remains exactly the same; Remarks, definition of “sale”
contained in both Acts demonstrates that composite indivisible agreements for
supply of services and food and drinks would not come within the purview of
either enactment since the object is something quite different; SC also rejects
Revenue’s reliance on definition of ‘institutional consumer’ contained in Rules
and contention that hotels would be under the coverage of LMA, 2009 : SC
Subscribe to:
Post Comments (Atom)
Requirement to dematerialize shares of private limited companies
The Ministry of Corporate Affairs in October 2023 had mandated private companies and their shareholders to dematerialize their shareholding...
-
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...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
NECESSITY : Sometimes, in view of the expansion of the business, multiple increase in turnover and need for getting finances from the ...
-
· 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.
-
Filing income tax returns (ITR) within the specified timelines under the Income-tax Act is not just a legal obligation but also crucial fo...
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
This Tax Alert summarizes a recent instruction issued by the SEZ Division, Department of Commerce, clarifying various concerns relating t...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC) [1] dealing with the issue of denial of input tax credit (ITC) ...
-
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