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2002 (11) TMI 765 - HC - VAT and Sales Tax

Issues:
Challenge to vires of Punjab Tax on Entry of Goods Act, 2000; Tax liability on yarn brought into Punjab; Interpretation of notification specifying taxable goods; Liability of registered dealer under Punjab General Sales Tax Act.

Analysis:
The judgment addressed four Writ Petitions with common legal and factual issues. The Court decided that the decision in one petition would apply to all cases for convenience. The petitioner did not challenge the validity of the Act but disputed tax liability on yarn brought into Punjab. The State Government amended the Act and introduced a provision for levying tax on specified goods, including yarn. A notification was issued listing taxable goods, including yarn, regardless of being an importer. The term "importer" was defined, and the petitioner, though not an importer, was liable for tax as a registered dealer under the Punjab General Sales Tax Act.

The Court rejected the petitioner's argument based on two judgments, stating they were not relevant to the current case. The interpretation of the notification by the petitioner's counsel was deemed incorrect. Consequently, the Court found no merit in the writ petitions and dismissed them without costs. The judgment clarified the tax liability on yarn brought into Punjab by a registered dealer, emphasizing the applicability of the notification specifying taxable goods.

 

 

 

 

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