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)
New Customs Scheme for Manufacturing Sector
The Regulations enable an Authorized Importer to clear the imported goods directly from port to its manufacturing unit (‘ Authorised Premi...
-
Direct Tax · No change in the rate of corporate tax including surcharge & cess.
-
Buyback is an important provision related to Share Capital of a company. Rule 17 of the Companies Act set out norms for buyback...
-
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...
-
The Input Service Distributor (ISD) mandate, introduced in the Union Budget 2024, will take effect from April 1, 2025, as per amendments to ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
The Union Budget 2025 introduces significant amendments to transfer pricing (TP) regulations under the Income Tax Act. These changes focu...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The Income Tax Department has developed the latest JAVA base ITR Forms utility. ITR-1 (Sahaj) and ITR-4S (Subam) JAVA base utility has ...
-
Sr No Due Date Related to Compliance to be made 1 11.02.2025 GST ...
No comments:
Post a Comment