Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
VAT - Highlights / Catch Notes

Home Highlights April 2021 Year 2021 This

Exemption from turnover - inter-state sale or not - Form-F ...


High Court Criticizes Tribunal for Overlooking Appellate Findings on Turnover Tax Exemption and Form-F Validity in Inter-State Sales Case.

April 10, 2021

Case Laws     VAT and Sales Tax     HC

Exemption from turnover - inter-state sale or not - Form-F declaration - false document - consignment sales or not - AO rejected the claim on inter-state movement of goods in the second round of proceedings after remand - the Tribunal did not advert to the findings rendered by the appellate Deputy Commissioner in the earlier round more particularly, with regard to the documentation, the nature of transaction and the role of the broker - what the Assessing Officer was did is to ignore the finding and merely acted based upon the directions of the Enforcement Wing Officials thereby abdicating its power as an Assessing Officer. That apart, as a subordinate statutory authority, the findings rendered by the appellate authority are binding on the Assessing Officer. These aspects have been ignored by the Tribunal while reversing the order passed by the first appellate authority. - HC

View Source

 


 

You may also like:

  1. Reassessment proceedings were initiated based on the belief that the assessee failed to disclose all material facts necessary for completing the assessment u/s 143(3) of...

  2. Turnover u/s 145A - Determination of turnover declared by the assessee, whether it should be inclusive of excise duty or not. Taxability of income at a higher tax slab...

  3. Central Government, creation of the State Benches of the Goods and Services Tax Appellate Tribunal (GSTAT)

  4. Income–tax (10th Amendment) Rules, 2018 - Form of appeal to the Appellate Tribunal

  5. POWERS OF INCOME TAX APPELLATE TRIBUNAL. - Article

  6. The assessee, a domestic company, contested the tax rate applied by the authorities for the assessment year 2018-19. The Finance Act, 2017 introduced a concessional tax...

  7. The Income Tax Appellate Tribunal dismissed the appeal filed by the Revenue Department against the order of the Commissioner of Income Tax (Appeals). The Tribunal upheld...

  8. The High Court dismissed the appeal filed by the assessing officer against the order of the Income Tax Appellate Tribunal, holding that no substantial question of law...

  9. The Appellate Tribunal dismissed the appeal u/s 249(4)(b) due to non-payment of advance tax. The assessee did not respond to the notice u/s 142(1) to clarify tax payment....

  10. The department demanded Service Tax based on tally data retrieved, but failed to provide cogent reasons for doubting the authenticity of the records, violating...

  11. The Appellate Tribunal allowed the assessee's claim for tax exemption under section 54 of the Income Tax Act, despite initially claiming under section 54F. The dispute...

  12. The Income Tax Appellate Tribunal allowed the assessee's claim for exemption u/s 80IB of the Income Tax Act. The Tribunal observed that even if the Assessing Officer's...

  13. The ITAT rejected the Revenue's appeal concerning disallowance of exemption under s.10(23C)(vi). The Tribunal accepted the assessee's contention that the AO failed to...

  14. The Income Tax Appellate Tribunal held that the assessee's application for registration u/s 80G was filed within the statutory time limit. The Tribunal directed the...

  15. Export turnover brought into India does not qualify as 75% of total turnover for claiming exemption u/s 10A. Expenditure incurred in foreign exchange must be excluded...

 

Quick Updates:Latest Updates