2017 (2) TMI 659 - HC - VAT and Sales Tax

Relevant date for deferred payment of tax - Whether on the facts and circumstances of the case, the Gujarat Value Added Tax Tribunal was justified in holding that the date for payment of deferred payment of tax is 01st April of each year? - Held that - while passing the impugned judgment and order, the learned tribunal has missed considering the Certificate in Form B issued by the Sales Tax Officer. Neither the learned tribunal has considered the aforesaid document /Certificate in Form B nor the Incentive Scheme applicable at the relevant time - the matter is required to be remanded to the learned tribunal to consider the Appeal afresh in accordance with law - appeal allowed by way of remand.

Summary

Issues involved:
Interpretation of the Gujarat Value Added Tax Tribunal's decision on the date for payment of deferred tax.

Analysis:
The appellant challenged the Gujarat Value Added Tax Tribunal's decision regarding the payment date for deferred tax. The appellant argued that they had made payments based on a Certificate in Form B issued by the Sales Tax Officer, starting from a specific date. On the other hand, the respondent relied on a Resolution/Sales Tax Incentive Scheme from 1993, specifically Clause 6 regarding the duration of benefits. The appellant claimed that a subsequent Resolution/Incentive Scheme from 1996 altered the requirements, which the tribunal failed to consider. The High Court found that the tribunal overlooked the Certificate in Form B and the relevant Incentive Scheme. Consequently, the Court set aside the tribunal's decision and remanded the case for a fresh consideration, emphasizing the importance of evaluating the mentioned documents and schemes. The Court clarified that it did not favor either party and only allowed the appeal to the extent of remanding the case for a proper review, without awarding costs to any party.