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Oct 07 2009

Total Environment Building Systems Pvt. Ltd. Represented by Its Assist ...

Court : Karnataka

Decided on : Oct-07-2009

Subject : Sales Tax

Acts : Karnataka Value Added Tax Act, 2003 - Sections 39(1) and 62; Constitution of India - Articles 141, 226 and 227

Reported in : ILR2009KAR4217

Misc. W. 9651 of 2009 for stay does not survive for consideration and is hereby dismissed. - KERALA VALUE ADDED TAX ACT (2003) Section 62: [D.V. Shylendra Kumar & L.Narayana Swamy, JJ] Availability of statutory remedy - Position of law and its correctness

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Mar 26 2009

Furtado Food Products Rep. by Its Proprietor Robert Furtado S/O E Furt ...

Court : Karnataka

Decided on : Mar-26-2009

Subject : Limitation

Acts : Karnataka Value Added Tax Act, 2003 - Sections 38(1), 62, 62(2) and 62(3); Mysore General Clauses Act, 1899 - Sections 10; Limitation Act, 1908; Karnataka Value Added Tax Rules, 2005 - Rules 148, 148(1), 148(4), 149(3), 149(4), 149(5) and 149(6)

Reported in : ILR2009KAR1990; (2009)25VST230(Karn):2009(4)KCCRSN241:AIR2009NOC2986:ILR2009(2)Kar2240

on behalf of the respondents within eight weeks. Mysore General Clauses Act, 1899 - Section 10--Computation of time--Karnataka Value Added Tax Act, 2003--Section 38(1)--Karnataka Value Added Tax Rules, 2005--Rule 148(4)--Assessment Order passed by the Assistant Commissioner of Commercial Taxes--Appeal under Section … of delay so that requirement of Rule 148[1] of the Rules is fulfilled for effectuating the provisions of Section 62[3] of the Act and submits that the appellate order suffers from infirmity for this reason also.9. The relevant

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Oct 17 2006

Candid Indstries Vs. Commissioner of Commercial Taxes and anr.

Court : Kerala

Decided on : Oct-17-2006

Subject : Sales Tax

Acts : Kerala Value Added Tax Act, 2003 - Sections 62(1); Kerala Value Added Tax (Amendment) Act, 2005 - Sections 6(1); Kerala Value Added Tax Rules, 2005 - Rule 80(1)

Reported in : (2007)5VST381(Ker)

K.S. Radhakrishnan, J.1. This appeal has been preferred under Section 62(1) of the Kerala Value Added Tax Act, 2003 read with Rule 80(1) of the Kerala Value Added Tax Rules, 2005 against the order passed by the

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Jan 07 2011

M/S Bharti Airtel Ltd., Rep by Its Head-legal and Regulatory S. Nagara ...

Court : Karnataka

Decided on : Jan-07-2011

Subject : Service Tax

the product would fall under one entry or the other, figuring in the notification issued under the Karnataka Value Added Tax Act, 2003 or even under the Central Excise Tariff Act, 2003 which is a mixed question of fact and law. … submits that these petitions are to be rejected relegating the petitioners to the statutory appeal remedy provided by Section 62 of the VAT Act and/or by Section 20 of the KST Act. 3. Sri. N. Venkataraman, the learned

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Feb 21 2005

Hindustan Construction Company Ltd. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Feb-21-2005

Subject : Sales Tax

Acts : Haryana General Sales Tax Act, 1973 - Sections 4, 4(10), 25, 39, 39(S), 40, 40(2) and 42(2); Central Sales Tax Act, 1956; Haryana Value Added Tax Act, 2003 - Sections 34, 55(1), 61, 61(1) and 62; Punjab General Clauses Act, 1898 - Sections 3(1), 4, 6 and 297(2); Delhi Rent Control Act, 1958 - Sections 57(2); Delhi and Ajmer Rent Control Act, 1952 - Sections 35 and 35(1); Code of Civil Procedure (CPC) - Sections 96, 100 and 115; Provincial Small Cause Courts Act - Sections 25 and 125; Motor Vehicles Act; Constitution of India - Article 226; Haryana General Sales Tax Rules - Rules 24 and 60

Reported in : (2005)140PLR313; [2005]141STC119(P& H)

any person unless such person has been given a reasonable opportunity of being heard. (See. Rule 60).'The Haryana Value Added Tax Act, 20032. (1) In this Act unless the context otherwise requires.(a) xx xx xx xx(b) xx xx xx xx(c) … In view of various judgments referred to above and on the reading of Section 61(2) of the HVAT Act, 2003 it is concluded that Section 61(2) of the HVAT Act does not give any retrospective effect to the … other proceedings was made or preferred;xx xx xx xxxx xx xx xxSection 62:Any reference in any provisions of the law contained in the repealed Act

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Nov 27 2006

Reckitt Benckiser (India) Ltd. Vs. Commissioner, Commercial Taxes

Court : Kerala

Decided on : Nov-27-2006

Subject : Sales Tax

Acts : Kerala Value Added Tax (Amendment) Act, 2005; Kerala Value Added Tax Act, 2003 - Sections 6, 6(1), 62(1), 43, 67, 74 and 94; Central Excise Tariff Act; Customs Tariff Act, 1975; Kerala General Sales Tax Act; Finance Act, 2006; Kerala Value Added Tax Rules, 2003 - Rule 80(1)

Reported in : (2007)6VST390(Ker)

is the petitioner in W.P.C. No. 16721 of 2006. Appeal was preferred under Section 62(1) of the Kerala Value Added Tax Act, 2003 read with Rule 80(1) of the Rules challenging the clarificatory order dated April 7, 2006 passed under Section

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Mar 25 2009

Ernakulam District Rolling Shutter Fabricators Association and ors. Vs ...

Court : Kerala

Decided on : Mar-25-2009

Subject : Sales Tax/Vat

Acts : Kerala Value Added Tax Act, 2003 - Sections 6, 6(1), 8, 62(1) and 94; Central Sales Tax Act, 1956; Kerala Value Added Tax Rules, 2005 - Rule 80(1)

Reported in : (2009)26VST499(Ker)

C.N. Ramachandran, J.1. This is an appeal filed under Section 62(1) of the Kerala Value Added Tax Act, 2003 (hereinafter called, 'the Act') read with Rule 80(1) of the Kerala Value Added Tax Rules, 2005 against the

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Apr 06 2009

M.P. Agencies Vs. State of Kerala

Court : Kerala

Decided on : Apr-06-2009

Subject : Sales Tax/Vat

Acts : Kerala Value Added Tax Act, 2003 - Sections 6(1), 62 and 94

Reported in : (2010)28VST44(Ker)

C.N. Ramachandran Nair, J.1. This is an appeal filed under Section 62 of the Kerala Value Added Tax Act, 2003, hereinafter called 'the Act' against annexure 5 order issued by the Commissioner of Commercial Taxes under Section 94

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Feb 25 2011

M/S. Bharti Airtel Ltd., Rep by Its Head-legal and Regulatory, S. Naga ...

Court : Karnataka

Decided on : Feb-25-2011

Subject : Service Tax

land which are agreed to be severed before sale or under the contract of sale;” 76. In Karnataka Value Added Tax Act, 2003, Section 2(15) defines the term “Goods” as under:- “Goods” means all kinds of movable property (other than newspaper, actionable … passed by the 3rd respondent on the question of constitutionality of the impugned provisions of KVAT, Act viz., Section 62(1) and Section 62 (4) (c) (i), Rule 148 of the 2005, Rules and the exemption notification issued by

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Dec 03 2007

Sree Vinayaka Roadways Vs. Deputy Commissioner of Commercial Taxes Deb ...

Court : Karnataka

Decided on : Dec-03-2007

Subject : Sales Tax/VAT

Acts : Karnataka Value Added Tax Act, 2003 - Sections 38(5), 53(12), 62(1) and 64

Reported in : (2008)13VST436(Karn)

of realising a sum of Rs. 1,52,466 levied by way of penalty under Section 53(12) of the Karnataka Value Added Tax Act, 2003 (for short, 'the Act'), as it was found that the goods in transit were not supported by commensurate … tax due to the department by the consignee.5. It appears, the petitioner had preferred an appeal under Section 62(1) of the Act, as it was found that the authority which had unreasonably and without justification, detained the

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