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2016 (8) TMI 297 - HC - VAT and Sales TaxLevy of purchase tax - ground nut oil cake - Tax paid under section 15B of the Gujrat Sales Tax Act,1969 demand of tax under section 19A of the Gujrat Sales Tax Act,1969 - Applicability of section 19A for the specified period Held that - As per Sub-section (2) of Section 19A, where under any provision of this Act other than this section, any tax has been levied or is leviable on the sale or purchase of oil cakes, no further tax shall be levied under this section on such sale or purchase no penalty or interest levied decided in favor of assesse.
Issues:
1. Interpretation of Section 19A of the Gujarat Sales Tax Act, 1969 regarding purchase tax on ground nut oil cake. 2. Liability of penalty under Section 45(6) of the Act and interest under Section 47(4A) for certain group of applicants. Analysis: Issue 1: Interpretation of Section 19A regarding purchase tax on ground nut oil cake The High Court considered Sales Tax Reference Nos.4 to 6 and 15 to 24 of 2010, where the Tribunal referred a question regarding the levy of purchase tax under Section 19A of the Gujarat Sales Tax Act, 1969 on ground nut oil cake made by the applicants under Section 15B of the Act. The assessees argued that since they had already paid purchase tax under Section 15B, they were not liable to pay tax under Section 19A. The Court analyzed the provisions of Section 19A and Section 15B, noting that if any tax has been levied or is leviable under any provision of the Act on the sale or purchase of oil cakes, no further tax shall be levied under Section 19A. As the assessees had paid tax under Section 15B, the condition of levy of tax was fulfilled, and the Court held in favor of the assessees, stating that the Tribunal erred in holding purchase tax under Section 19A as leviable on ground nut oil cake made by the appellants under Section 15B. Issue 2: Liability of penalty and interest for certain group of applicants Regarding Sales Tax Reference Nos.7 to 13 and 25 to 27 of 2010, the Tribunal referred two questions for the decision of the Court. The first question was about the liability of penalty under Section 45(6) of the Act on differential dues at 10%, and the second question was about the liability to pay interest under Section 47(4A) for the assessment period 1990-91 and 1992-93 under both the Gujarat Sales Tax Act, 1969 and the Central Sales Tax Act, 1956. Since the Court had already ruled in favor of the assessees on the first issue, it concluded that the questions regarding penalty and interest did not arise. Therefore, the Court answered all questions in favor of the assessees and against the department, disposing of all references accordingly.
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