HC addressed a dispute regarding surcharge and purchase tax ...

Public Sector Undertaking Gets Stay on Tax Recovery as Section 21(7) Bar Conflicts with Rule 15(2)(b) Benefits

February 18, 2025

Case Laws VAT / Sales Tax HC

HC addressed a dispute regarding surcharge and purchase tax recovery. The court found inherent inconsistency in the State's argument - if surcharge differs from tax, Section 21(7)'s statutory bar against stay of recovery wouldn't apply; conversely, treating surcharge as tax would entitle the petitioner to Rule 15(2)(b) benefits, making recovery challengeable. Given petitioner's status as a Public Sector Undertaking with demonstrable ability to pay if ultimately required, HC granted stay on recovery proceedings pending resolution of Reference Applications before MSTT. The tribunal was directed to expeditiously decide these applications. Balance of convenience favored the petitioner, resulting in temporary suspension of recovery actions until MSTT's final determination.

View Source

← Previous Next →

HC addressed a dispute regarding surcharge and purchase tax ...

Public Sector Undertaking Gets Stay on Tax Recovery as Section 21(7) Bar Conflicts with Rule 15(2)(b) Benefits

February 18, 2025

Case Laws VAT / Sales Tax HC

You may also like:

10kg of gold consisting of 10 gold bars, with 7 bars bearing foreign markings and 3 bars without markings, was seized along with cash from an employee of the appellant....

Appellant liable to pay service tax on 'Cleaning activity' services provided to Indian Railways and public sector undertakings as per Madras HC's decision in Premier...

Refund of excess Input Tax Credit - The lump-sum payment of composite tax under Section 16(2) of the Act in no way can be equated with the powers of State under Section...

Section 7 application rejected as barred by Section 10A of IBC. Supreme Court held no bar in amending pleadings or filing additional documents u/s 7, but present case...

TPA - If all the public sector undertakings are to be treated as ‘associated enterprises’, the inter se transactions between all the public sector undertakings will be...

Source of Income of Public Servant or Ostensible Owner - Addl. CIT - Abuse of official position, as public servant - possession of disproportionate assets - This Court...

Delayed filling Return of income - Disallowance of deduction u/s.80IA(7) - Since the assessee- HUF was required to get its accounts audited, the case falls in...

Validity of conditional interim order - stay of recovery proceedings - The petitioner, being a Public Sector Company cannot be imposed with such onerous condition for...

Exemption u/s 11 - activities of the assessee are charitable in nature or not? - AO Compare the assessee with a private colonizer - From the development undertaken by...

The NCLAT held that Section 238 of the IBC gives overriding effect to proceedings u/s 7, despite Section 10 of CPC. Proceedings u/s 7 must proceed, as the Code's...

Gross NPAs of Public Sector Banks Stood at Rs.71,047 Crore as on 31st March,2011.

Seeking dismissal of the application filed under Section 7 of the IBC - barred by limitation or not - The date of declaration of the loan account as NPA is 31.05.2011. -...

To raise tax disputes, public sector undertakings no more require COD clearance – SC recalls its 3 earlier decisions

The High Court examined the jurisdiction of the Assessing Officer (AO) and the prescribed income-tax authority to issue notices u/s 143(2) of the Income Tax Act. It held...

Amendments/Corrections in Table 2 of Appendix 3B Foreign Trade Policy 2015-20 - Public Notice

Quick Updates: