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TMI Blog2015 (6) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... f CHD Developers Limited, Karnal Vs The State of Haryana and others [2015 (4) TMI 784 - PUNJAB AND HARYANA HIGH COURT], Decided partly in favour of assessee. - CWP No. 3892-2015 - - - Dated:- 29-4-2015 - S J Vazifdar, Acting Chief Justice And G S Sandhawalia,JJ. For the Petitioner : Mr Avneesh Jhingan, Adv. For the Respondent : Ms Mamta Singla Talwar, Assistant Advocate General, Harya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n any amount other than the value of goods transferred in course of execution of works contract, the provisions would be ultra vires the Constitution of India. The tax is to be computed on a value not exceeding the value of transfer of property in goods on and after the date of entering into agreement for sale with the buyers. However, the 'deductive method' requires all the deductions to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of incorporation in the works even where property in goods passes later. Further, VAT is to be directed on the value of the goods at the time of incorporation and it should not purport to tax the transfer of immovable property. Consequently, Rule 25(2) of the Rules is held to be valid by reading it down to the extent indicated hereinbefore and subject to the State Government remaining bound by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d authorities are liable to be set aside with liberty to the appropriate authority to pass fresh orders in the light of the legal principles enunciated hereinbefore. We order accordingly. In so far as cases where only notices have been issued, the competent authority shall be entitled to proceed further and pass order in accordance with law keeping in view the aforesaid interpretation noticed abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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