Judgment Search Results Home > Cases Phrase: value added tax act 2003 section 28 obligation of registered dealer to inform changes after registration Page 1 of about 641 results (0.082 seconds)

C.T. Shenthilnathan Chettiar Vs. Raja D.V. Appa Rao Bahadur

Court : Chennai

Reported in : (1999)2MLJ744

..... such a procedure, the authorities below had, after arriving at the price of the land on the basis of three years average market value, added to that price again a percentage equivalent to 259/100 and thus arrived at a huge sum as the price payable by the defendant to the plaintiff which not only shocks the conscience of the court but also opposed to section 9 of the tamil nadu city tenants protection act as well as causes an irreparable injury to the ..... the indexed cost of acquisition or the cost inflation index theory provided for under section 48 of the income tax act will have no application at all while the price of the property under the tamil nadu city tenants protection act is fixed on the basis of the average market value for three years preceding the date of the order. ..... but the legislature in making the relevant provision under section 48 of the income tax act thought it fit to provide for the increase in the value of the property on the date of the transaction ..... the indexed cost of acquisition and the cost of inflation index provided for under section 48 of the income tax act to be taken into account to determine the liability of the person on account of capital gains, would operate in totally different circumstances, for instance, if 'x' buys a ..... therefore, over and above the average market value arrived at by the courts below, the court is under a legal obligation to add a reasonable sum to the market value so arrived at before fixing the price for the price for the .....

State of Andhra Pradesh and ors. Vs. Larsen and Tourbo Ltd. and ors.

Court : Supreme Court of India

Reported in : 2008(5)ALD85; 106(2008)CLT919(SC); JT2008(9)SC463; 2008(12)SCALE77; (2008)9SCC191; (2009)11VatReporter160; (2008)17VST1(SC); 2008AIRSCW6358

..... in reply, l&t; submitted that under section 4(7)(a) of the andhra pradesh value added tax act, 2005 ('2005 act', for short) there was no provision for inclusion of sub-contractors' turnover in the turnover filed by the company; that, the scheme of the said act at the relevant time did not contemplate for the declaration of sub-contractors' turnover and, that, under the scheme of the said 2005 act the sub- contractor was a 'dealer'.4. ..... in the course of interstate trade or commerce under section 3 or a sale outside the state under section 4, or a sale in the course of import or export under section 5 of the central sales tax act, 1956; (h) no tax shall be payable under 8 [clauses (a) or (b) or (c) of] this sub-section on the turnover relating to amounts paid to a sub- contractor as consideration for the execution of works contract whether wholly or partly subject to the production of proof that such sub- contractor is registered as a vat dealer under the act and the turnover of such amount is included ..... it appears that after the impugned judgment, the department has amended rule 17 of the apvat rules, 2005 vide government order dated 20.8.2007. .....

Bharat Sanchar Nigam Ltd. Vs. State of Bihar and ors.

Court : Patna

..... is reference to the closing of the financial year on 31.3.2006 and the need for the department to get the money before that day, so much so, that even though section 39 of the value added tax act gives to the assessee a period of thirty days and section 25 of the bihar finance act, 1981 (which was in existence on the material date) ordinarily allows a period of not less than forty five days to make payment of the demand, the assistant commissioner, ..... section 25(ka) of the bihar finance act, 1981 and section 41(1) of the value added tax act, ..... the authority also treated the matter to be one of urgency and making a departure from the normal period that allowed the dealer forty five days time to deposit the amount of penalty, issued a demand notice on the same day (22.3.2006) for realisation of the ..... great length and it is contended, on the basis of a number of judicial pronouncements that the petitioner was not obliged to make any deductions while making payment of the bills of the contractor / supplier. ..... the assistant commissioner noted that the petitioner had failed to deduct advance tax from the bills of its works contractors despite repeated reminders in that regard ..... to the petitioner to show cause why a penalty under the aforesaid provisions may not be imposed on it for its failure to make deductions of advance tax from the bills of its works-contractors before payment of their bills. ..... show cause only stating that the petitioner had informed its two works-contractors, namely, m/s. .....

JaIn Industries Vs. the State of Bihar and ors.

Court : Patna

..... iii to the bihar value added tax act.3. ..... drugs and medicines, whether patent or proprietary, including vaccines, disposable hypodermic syringes, hypodermic needles, catguts, sutures, surgical dressing, medicated ointments produced under the license issued under the drugs and cosmetics act, 1940 but excluding any cosmetics, perfumery, toiletry and hair oil, whether or not such cosmetics, perfumery, toiletry and hair oil is manufactured under any drug license and whether or not such ..... it appears that earlier the excise authorities treated lal tel as a medicinal preparation but after the decision in shree biadyanath and dabur they changed their mind and took the view that lal tel was not a medicinal preparation and it fell outside ..... held that the mere decision of a court of law without more would not be justification enough for changing the classification without a change in the nature of a product or a change in the use of the product, or a fresh interpretation of the tariff heading by such decision. ..... more direct in that it examined the nature of lal dant manjan under the orissa sales tax act appears to be more helpful to the petitioner.10. ..... but learned counsel over looks that in the relevant entry under the bihar vat act it is expressly said that an item of toiletry would not qualify as drug or medicine because it was manufactured under any drug licence and it ..... secondly it is pointed out that section 3a of the drugs and cosmetics act that defines ayurvedic medicines refers to a work .....

Mysore Construction Co. (Prop. Mycon Construction Ltd. Represented by ...

Court : Karnataka

Reported in : ILR2009KAR2657; (2009)24VST250(Karn); 2009(3)KCCRSN123; 2009(6)AIRKarR141

..... registered dealers under the provisions of the karnataka value added tax act, 2003 [for short 'the act'], within the definition of a 'registered dealer' as it occurs in sub-section 27 of section 2 of the act ..... the legislative changes brought about in section 15 of the act, particularly by the amending act [karnataka act no 6 of 2007] in terms of section 4(3)(d) of the act 6 of 2007, where under a new clause - clause [e] has been introduced in sub-section (5) of section 15 of the act and that also being indicated as it is operative from 1-4-2006, though the act itself was notified and gazetted and became a law on and after 30.4.2007 and according to most of the petitioners, who are dealers having business ..... prior to 30.3.2007 which is virtually the fag end of the composition period by which time the petitioners had already worked out their tax liability, filed their returns, paid taxes and the entire obligations under the act had all been fulfilled and to put the clock back and make the petitioners rework by digging into their old records which was ..... facet of the argument is that asking the dealers like the petitioners to go back to the earlier transactions to provide information as to the purchases from unregistered dealers is virtually an impossible and unrealistic requirement foisted on persons like the petitioners who in the wake of opting for composition would not have maintained such details and subjecting dealers like the petitioners to such unreasonable requirements could .....

B.S. Enterprises Vs. State of Bihar and ors.

Court : Patna

..... in the case in hand, it is seen above that contrary to the petitioners' assumption section 16(1)(d) of the value added tax act does not confer upon a dealer any absolute right to input tax credit. ..... section 16(1)(d) reads as follows:input tax credit : (1) subject to the provisions of this act, an input tax credit as provided in this section shall be claimed by a registered dealer, subject to such conditions and restrictions as may be prescribed, on sales of goods in the following circumstances, namely:(d) when a registered dealer holds in stock, on the 1st day of april, 2005 such goods as have been purchased by him on or after the 1st day of april, 2004 and which have suffered the incidence of tax under the bihar finance act, 1981 (bihar act of 1981) as it stood ..... learned counsel also submitted that in terms of rule 13(e), for claiming input tax credit on account of opening stock, the dealer was obliged to submit true declarations) in form ix (c) issued by his seller from whom those goods were purchased under the earlier law ..... section 95 is as follows:declaration of stock of goods held on 1st april, 2005: every dealer who was registered under the bihar finance act, 1981 (bihar act 5 of 1981), as it stood before its repeal by section 94, or who makes an application for registration as a dealer on the 1st april, 2005 shall declare such details regarding the stock of goods held by him on the 31st march, 2005 in such manner and with such particulars and within such time and to such .....

Ashok Agencies Represented by Its Manager Shri Ashok Kumar S/O Sri Puk ...

Court : Karnataka

Reported in : ILR2008KAR4299; 2008(6)AIRKarR16(DB)

..... a-6) for the months from april 2006 to october 2006 passed by the deputy commissioner of commercial taxes, audit-43, dvo-4 (hereinafter referred to as 'assessing authority' for short) assessing the tax on the turn over relating to sales of mosquito repellants at 12.5% under the karnataka value added tax act, 2003 (hereinafter referred to as 'kvat act' for short).2. ..... on behalf of the patties, it would be necessary for us to examine the relevant provisions of kvat act, insecticides act, 1968 and the rules thereunder, section 4 of the kvat act reads as under.section 4 - liability to tax and rates thereof-(1) every dealer who is or is required to be registered as specified in sections 22 and 24, shall be liable to pay tax, on his taxable turnover,(a) in reject of goods mentioned in-(i) second schedule, at the rate of one ..... the state, and therefore, no officer can afford, apart from the fact that he is obliged under section 3-a(1) of the act, to carry out the instructions of the commissioner, which may attract disciplinary proceedings resulting in his ..... regulators: insecticides, pesticides, rodenticides, fungicides, weedicides, herbicidessection 3(f) of the insecticides act, 1968, winch defines 'insecticide', reads as under:section 3(e) 'insecticide' means,-(i) any substance specified in the schedule; or(ii) such other substances (including fungicides and weedicides) as the central government may, after consultation with the board, by notification in the official gazette, include in the .....

New Taj Mahal Cafe Pvt. Ltd. by Its Executive Director, K. Jagadish Sh ...

Court : Karnataka

Reported in : (2009)25VST101(Karn); 2009(3)KCCRSN97; 2009(5)AIRKarR167; AIR2009NOC2987

..... to defend the validity of section 15 of the act by drawing attention to the change over of the scheme of levy of sales tax under the karnataka sales tax act, 1957, the scheme of levy of tax under the karnataka value added tax act, 2003 which virtually seeks to harmonize the levy of sales tax as though it is a single point levy; that the scheme is so formulated that the goods which has suffered tax once does not suffer the levy of sales tax again and it is only on the additional value, tax is sought to be levied ..... which an amount as notified is payable under sub-section (1) by way of composition in lieu of the tax payable under the act subject to production of proof that such subcontractor is a registered dealer liable to tax under the act and that such amounts are included in the return filed by such sub-contractor;(c) in the case of a dealer executing works contracts, after opting for composition of tax under sub-section (1), who effects sale of any goods liable to tax under the act other than by transfer of the property in such ..... [3] a dealer who furnishes a return which is incomplete or incorrect in any material particular as informed in a notice issued to him shall be liable to a penalty of fifty rupees for each day the return remains ..... a dealer, for arriving at this net tax liability, has to necessarily maintain details of the transactions, books of accounts reflecting such transactions and such other particulars and information as are stipulated under the act and the rules .....

Tata Steel Ltd. and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)

..... section 57 of the vat act and continuance of exemption in various states after adoption of the value added tax regime, it has been argued on behalf of the petitioners that the vat act ..... powers conferred and other things done under the repealed act and in force on the commencement of this act, except the right of privilege under this repealed act for availing of facility of industrial concession by way of exemption from or deferment of payment of tax by registered dealers who had established new industrial units in the state ..... functioning on behalf of the state, in exercise of its legally permissible powers has held out any promise to a party, who relying on the same, has changed its position, then, on the principle of promissory estoppel, the promisor can be pinned down to the promise offered by it, by way of representation, containing ..... affect any right, title, obligation, or liability already acquired, accrued or incurred for any thing done or suffered in respect of the period immediately preceding this repeal; or(c) affect any penalty, forfeiture or punishment incurred or inflicted in respect of any offence or violation committed under the provisions of the repealed acts; or(d) affect any investigation ..... a new unit for the purpose of this policy.petitioner was informed by the commissioner & secretary, department of industries, vide letter ..... registration certificate on 5th july, 2000 and the unit started commercial production from 4th march, 2005 and was granted permanent registration .....

imagic Creative Pvt. Ltd. Vs. the Commissioner of Commercial Taxes and ...

Court : Supreme Court of India

Reported in : 2008(56)BLJR1038; 2008(1)CTC843; JT2008(1)SC496; 2008(1)SCALE356; (2008)2SCC614; 2008[9]STR337; [2008]12STT392; (2008)12VST371(SC)

..... at the outset, we must express our reservation in regard to the question as to whether the appellant having already undergone the process of regular assessment before the assessing authority, an application under section 60 of the karnataka value added tax act, 2003 was maintainable. ..... creation of concept), on which service tax had been paid under the finance act, 1994 as amended from time to time is liable to tax under the karnataka value added tax act, 2003 (the act) is the question involved in this appeal which arises out of a judgment and order dated 29.11.2006 passed by a division bench of the karnataka high court in sta no. ..... the subsequent rectification application made by the applicant dated 24.12.2005 was not considered by the authority in terms of annexure-h, after noticing the judgment of the supreme court in the case of associated cement companites ltd. ..... considering the entire ambit of activity of the dealer, it is seen that it is a comprehensive contract or supply of printed material developed by the company. ..... considering the entire ambit of activity of the dealer it is seen that it is a comprehensive contract or supply of printed material developed by the company. ..... 57,252-004) sale of printed materials as ii dealer liable for rst @ 1.5% rs.33,31,922-00 rs. .....