Judgment Search Results Home > Cases Phrase: value added tax act 2003 section 50 payment of interest on refunds Court: mumbai Page 1 of about 98 results (0.122 seconds)

Rashmikant Kundalia and Another Vs. Union of India and Others

Court : Mumbai

..... before the calcutta high court, the constitutional validity of imposition of a late fee under section 32(2) of the west bengal value added tax act, 2003 came up for consideration. ..... (iv) the delay in receipt of refunds results into a cash flow crunch, especially for business entities. 14. ..... if the income tax returns, especially having refund claims, are not processed in a timely manner, then (i) a delay occurs in the granting of credit of tds to the person on whose behalf tax is deducted (the deductee) and consequently leads to delay in issuing refunds to the deductee, or raising of infructuous demands against the deductee; (ii) the confidence of a general taxpayer on the tax administration is eroded; (iii) the late payment of refund affects the government financially as the government has to pay interest for delay in granting the refunds; and .....

The Sales Tax Practitioners' Association of Maharashtra and Tushar P. ...

Court : Mumbai

Reported in : 2008(5)BomCR396; [2008]14STT348; (2008)14VST69(Bom)

..... all these petitions are being disposed of by this common judgment as the main challenge in all the petitions is to the constitutional validity of section 61(1) and the explanation thereto, of the maharashtra value added tax act (hereinafter referred to as the 'act') on the ground that it infringes the equality clause as enshrined in article 14, the right to carry on profession under article 19(1)(g) as also under article 254, as the provisions for 'audit' would not fall within the competence of the ..... well settled (i) 'restriction' or 'regulation' includes 'prohibition' and in order to determine whether total prohibition would be reasonable, the court has to balance the direct impact on the fundamental right of the citizens against the greater public or social interest sought to be safeguarded; (ii) the standard for judging reasonability of restriction or restriction amounting to prohibition remains the same, excepting that a total prohibition must also satisfy the test that a lesser alternative would be inadequate; and ..... . accounting standards board of ifac in the year 2002-2003 stands converted into independent accounting standards board (isab) ..... . the payments to be made to the chartered accountant is over and above the payment for the services of a sales tax practitioner who keeps the dealer well informed about the law and its changes, who undertakes the work of compiling and the filing of returns, attending to assessments and like proceedings under the act ..... ors. : [2003]2scr139 .....

The Commissioner of Sales Tax. Vs. M/S.Dev Enterprises Limited.

Court : Mumbai

..... karnataka high court considered the provisions of a similar entry in the state value added tax act, 2003 in preston india pvt. ..... as a matter of last resort, once it is concluded that a specific entry in the schedule is not attracted; (vi) entries under the central excise tariff act unless adopted or referred to in the schedule appended to the maharashtra value added tax act, cannot be blindly applied for considering the scope and meaning of the entries under the maharashtra vat act; (vi) there is no material on record to indicate that the product in dispute is commercially known in the trade as anything other than the plastic footwear. ..... the interpretation of an entry to the maharashtra value added tax act cannot be based either on the scheme of the central excise tariff or harmonized system of nomenclature and the explanatory notes ..... engages in the business of the import and sale of footwear at pune and is registered under the maharashtra value added tax act, 2002. ..... has not been adopted in the maharashtra value added tax legislation by legislative incorporation. ..... an explanation such as note 3 to chapter 64 of section xii of the central excise tariff act has not been adopted in the value added tax legislation in the state of maharashtra. ..... the other hand, it has been submitted on behalf of the respondent that (i) the respondent and other traders similarly situate had submitted their sales tax returns periodically by making payment of tax at four per cent right since 1 april 2005. .....

The Addl. Commissioner of Sales Tax Vs. M/S Ankit International

Court : Mumbai

..... raises a question as regards the interpretation of the provisions of section 61(2) of the maharashtra value added tax act, 2002, (" the mvat act"). ..... metals4 , a three judge bench of the supreme court interpreted section 78(5) of the rajasthan sales tax act, 1994 which read as follows: "the incharge of the check-post or the officer empowered under sub-section (3), after having given the person incharge of the goods a reasonable opportunity of being heard and after having held such enquiry as he may deem fit, shall impose on him for possession or ..... to the quantum of penalty to be imposed; (ii) the decision of the supreme court in dharmendra textile (supra) turned on the provisions of section 11ac of the central excise act, 1944 in which the levy of the penalty is mandatory and hence the decision has no application to the provisions of section 61(2) of the mvat act, 2002 in which the imposition of a penalty is not mandatory, but discretionary; (iii) in the event that two constructions are possible a ..... section 11 ac stipulated that where any duty of excise has not been levied or paid or has been short levied or short paid or erroneously refunded by reasons of fraud, collusion or any willful mis-statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under sub-section (2) of section 11a, shall also be liable to pay a penalty .....

Ms Vithal Sugar Manufacturing Ltd. Vs. State of MaharashtrA.

Court : Mumbai

..... the challenge to the constitutional validity of section 55 of the amending act is based on the submission that the maharashtra purchase tax on sugarcane act, 1962 was repealed by section 95(1)(c) of the maharashtra value added tax act, 2005. ..... as a consequence, the provision by which the maharashtra purchase tax act on sugarcane act 1962 was to stand repealed was deleted with effect from 01 april 2005, the day on which the value added tax act was brought into force in the state. 4. ..... in these proceedings under article 226 of the constitution, the petitioner has challenged the constitutional validity of the provisions of section 55 of the maharashtra value added tax (levy and amendment) act, 2005. ..... the state legislature enacted the maharashtra value added tax act of 2002. ..... the state legislature enacted the maharashtra value added tax (levy and amendment) act, 2005. ..... the maharashtra value added tax 2002 was thus brought into force, for the first time, in the state of maharashtra with effect from 01 april 2005, having been notified after receiving the assent of the governor, in the maharashtra government ..... special counsel for the state also stated before the court that the returns which were filed by the petitioner clearly stated that no payment has been made together with the returns. 9. ..... section 12(2) provides that any tax or penalty ( or interest) recoverable under the act and remaining unpaid may be recovered as an arrear of land revenue. .....

icici Bank Limited and Ms. Sangeeta Mhatre, Senior General Manager Vs. ...

Court : Mumbai

Reported in : 2009(111)BomLR3532; (2009)26VST552(Bom)

..... 312 under rule 33 which is described asadmission memo-cum-stay order under section 26 of the maharashtra value added tax act, 2002. ..... 311 under the maharashtra value added tax act, 2002 (vat act) which is an application for grant of stay and form no. ..... learned counsel for the petitioner submits that the judgment would not apply to the maharashtra value added tax considering that in kerala the definition of of the word dealer was amended to include a bank or a financial institution which, whether in the course of its business or not, sells any gold or other valuables pledged with it to secure any ..... the next issue is whether the matter should be sent back to the joint commissioner of sales tax (appeals) or this court itself should issue directions considering that the controversy involves a large number of matters. ..... we, therefore, direct all authorities exercising quasi-judicial functions under the vat act, that when an application for stay is moved, to give reasons as any other quasi-judicial tribunal entrusted with judicial functions. ..... the authorities under the vat act considering applications for stay are exercising quasi-judicial functions. ..... we direct the chairman, sales tax tribunal, to forward a copy of this order to all the tribunals under his jurisdiction. ..... a copy of the order be forwarded to the chairman, sales tax tribunal. ..... this order will apply to all proceedings before a quasi-judicial tribunal exercising powers under the provisions of the vat act. .....

Jindal Drugs Limited, a Company Incorporated Under the Provisions of t ...

Court : Mumbai

Reported in : 2003(3)ALLMR9; 2003(4)BomCR14; (2002)2BOMLR888; 2004(1)MhLj87

..... section 8 of the bombay sales tax act provides for the levy of value added sales tax on ..... defined to exclude actionable claims it will be useful at this stage to refer to the definition of 'actionable claim' as given in section 3 of the transfer of property act which run thus: 'actionable claim' means a claim to any debt, other thana debt secured by mortgage of immovable property or by hypothecation or pledge or movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognise as affording grounds for ..... freely from one hand to another in discharge of any debt or for payment of value without reference to the character or credit of the person who offers it. ..... any item except those appearing in the negative list of imports is allowed for import without payment of basic customs duty, special duty of customs as well as additional duty of customs against the ..... 'sale' has been defined in section 2(28) to mean a sale of goods made within the state for cash or deferred payment or other valuable consideration and includes supplies made by certain categories of persons, and the words 'sell', 'buy' and 'purchase' with all the grammatical variations and cognate ..... leaned counsel for the petitioners, the amount of credit in the depb is an ascertained sum, which the government is bound to liquidate against payment of customs duty payable on the future imports by the depb holder or his transferee. .....

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

..... the monsanto petition, filed under article 226 of the constitution of india, brings a challenge to entry 39 of schedule c to the maharashtra value added tax act, 2002 ( the mvat act ); the definitions under sections 65(105)(zzr), 65(55a) and 65(55b) of the finance act, 1994; and sub-clause (c) of section 66e of the finance act, 1994. ..... the transaction between monsanto india and the third party with whom it deals is not, and cannot be, a sale assessable under the maharashtra value added tax act, 2002 ( the mvat act ). mr. ..... transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; (f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating ..... . 892) the common use of the word transfer is to denote the passing of title in property, or an interest therein, from one person to another, and in this sense the term means that the owner of property delivers it to another person with the intent of passing the right which he had it to the later. 25 ..... . since september 2003, subway has been paying service tax to the union of india on the consideration received by it from the franchisees .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... to be precise the government of maharashtra amended by the notification with effect from 1st february, 2006, schedules a and c appended to the maharashtra value added tax act in terms of the powers conferred by section 9(1) of the mvat act. ..... a of the maharashtra value added tax act, 2002, is referable to the substantive provisions contained in section 5 of the mvat act. ..... then comes article 268a which was inserted by constitution (88th amendment) act, 2003 (section 2) and is titled as 'service tax levied by union and collected and appropriated by the union and the states', but this article has yet to be enforced. ..... heard the learned counsel appearing for both sides, we are of the view that interest of justice would be served if the time to make payment is extended by a period of six weeks from today. ..... petitioners are not concerned with what needs to be done with the centre, especially since the requirement, if any, to make such a refund does not render the law void nor impact the petitioners in any manner. ..... the light of the foregoing, it is clear that the petitioners' submissions are not an argument on constitutional invalidity but, at best, an argument on refund to the central government of the benefit received by the state. ..... best, the submissions of the petitioners amount to an argument for refund which could be easily raised by the state government. ..... assuming the state's share of ade were refunded to the centre, the petitioners would not be entitled to refund of ade paid by it. .....

Commissioner of Sales Tax, Maharashtra State Vs. N.H. Polymers

Court : Mumbai

Reported in : (2008)13VST73(Bom)

..... at the threshold, we may point out that during the lifetime of the act of 1959 till its repeal and substitution by the maharashtra value added tax act, 2002, it appears that this question was not raised and consequently not decided by this court. ..... from the date of the communication of the order of the tribunal, passed in appeal being an order which affects the liability of any person to pay tax or penalty or interest or to forfeiture of any sum or which affects the recovery from any person of any amount under section 39, that person, the additional commissioner of sales tax having jurisdiction over the whole of the state or the commissioner, may by application in writing (accompanied, where the application is made by that person, by a fee ..... which it has been required to do, on the ground that no question of law arises, that person, the additional commissioner of sales tax having jurisdiction over the whole of the state, or as the case may be, the commissioner, may, within ninety days of such refusal, either withdraw his application (and if he does so any fee paid shall be refunded), or apply to the high court against such refusal:provided further that, the tribunal may refuse to refer the ..... on behalf of the respondents, it is submitted that the act has been repealed with effect from april 1, 2005 on introduction of value added tax act, 2002. .....