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2019 (11) TMI 227 - HC - VAT and Sales TaxRecovery proceedings initiated under Maharashtra VAT Act, 2002 - whether the obtaining of TDR from SRA against handing over of land and constructed tenaments amount to sale for valuable consideration? - HELD THAT - The AGP makes a statement that demand made consequent to the three assessment impugned orders for the Assessment Years 2008-09, 2010-11 and 2012-13 will not be given effect to/enforced till such a time as the Hon ble Supreme Court decides the appeal filed by the Petitioner against the order and judgment dated 25 April 2017 of this Court in Writ Petition No.2119 of 2016 and MVAT Appeal No. 68 of 2016. 2017 (5) TMI 734 - BOMBAY HIGH COURT . Petition disposed off.
Issues:
Challenge to recovery proceedings under the Maharashtra Value Added Tax Act, 2002 based on assessment orders for multiple financial years regarding the taxability of obtaining TDR from SRA against land and tenements transfer. Analysis: The judgment pertains to a petition challenging recovery proceedings initiated under the Maharashtra Value Added Tax Act, 2002 based on assessment orders for various financial years. The core issue revolves around whether obtaining Transfer of Development Rights (TDR) from the Slum Rehabilitation Authority (SRA) against the transfer of land and constructed tenements constitutes a sale for valuable consideration. This issue was previously decided against the petitioner by the court in a related matter concerning the financial year 2006-07. The petitioner appealed to the Supreme Court, which stayed the operation of the court's earlier order. Subsequently, similar challenges were raised for the financial years 2007-08 and 2011-12, with the recovery being temporarily halted pending the Supreme Court's decision on the pending appeal. In the present case, the recovery demands for the assessment years 2008-09, 2010-11, and 2012-13 were also stayed by the Assistant Government Pleader (AGP) until the Supreme Court decides on the petitioner's appeal against the earlier court order. Consequently, the petition was disposed of based on the AGP's statement regarding the enforcement of recovery demands until the Supreme Court's decision. This judgment highlights the legal battle surrounding the taxability of transactions involving TDR obtained from the SRA in exchange for land and tenements transfer. The petitioner's challenges against recovery proceedings based on assessment orders for multiple financial years underscore the complexity of tax laws and the interpretation of what constitutes a sale for valuable consideration under the Maharashtra Value Added Tax Act, 2002. The involvement of the Supreme Court in staying the operation of the earlier court order signifies the significance and impact of this case on tax liabilities and assessments. The temporary halting of recovery pending the Supreme Court's decision demonstrates the interplay between lower court decisions and higher judicial authorities in resolving contentious tax issues. The disposal of the petition based on the AGP's assurance regarding the enforcement of recovery demands reflects the procedural aspects and legal strategies employed in tax disputes to ensure fair adjudication and protection of the taxpayer's rights. Overall, this judgment sheds light on the intricate legal nuances and procedural steps involved in challenging tax assessments and recovery proceedings under the MVAT Act, emphasizing the importance of judicial review and appellate mechanisms in resolving tax disputes effectively.
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