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 / Sales Tax - Highlights / Catch Notes

Home Highlights March 2025 Year 2025 This

The HC ruled that the notification dated 31-10-2006, which made ...


Central Sales Tax Exemption Remains Valid Without C-Forms for Prior Investments Under Section 8(5)

March 20, 2025

Case Laws     VAT / Sales Tax     HC

The HC ruled that the notification dated 31-10-2006, which made production of C-Forms mandatory for CST exemptions under Section 8(5), would not apply retrospectively to the petitioner company. Following the Supreme Court's decision in Prism Cement Limited, the court held that such restrictions operate prospectively and cannot affect absolute exemptions granted prior to the amendment. Since the petitioner had been granted exemption from 07-11-1997 (having invested over Rs. 550 crores in an Integrated Steel Plant), the mandatory C-Form requirement introduced on 10-05-2002 would not apply to them. The petitioner remains entitled to exemption benefits without C-Form submission until 17-04-2013 as originally granted.

View Source

 


 

You may also like:

  1. Recovery of sales tax dues - encumbered property or not - liability of auction purchasers - this is a clear case in which the Sales Tax Department had a charge on the...

  2. SC upheld tax exemption benefits granted to respondent under Package Scheme of Incentives 1993, ruling that amended Section 8(5) of CST Act requiring Form 'C' and 'D'...

  3. The HC ruled that the notification dated 31-10-2006, requiring C-Form production for tax exemption under Section 8(5) of the CST Act, would not apply to the petitioner...

  4. Amended (1) Income Tax Act, (2) Customs Act, (3) Central Excise Act, (4) Central Sales Tax and (5) Service Tax (Chapter V of the Finance Act, 1994)

  5. Penultimate sale - whether the purchased goods and the exported goods are one and the same for the purpose of claiming penultimate sale exemption u/s 5(3) of the Central...

  6. ECOs liable for tax under Sec 9(5) of WBGST Act are not required to reverse input tax credit on inputs and input services proportionately for specified services supplied...

  7. HC quashed order relating to Input Tax Credit (ITC) claims that were time-barred under Section 16(4) of CGST Act but fell within limitation under Section 16(5)....

  8. Rate of tax - the tax on the sale of coal within the said limit was @ 4 %. In view of Section 8 (2) (a) of the CST Act, sale of coal made by the revisionist without...

  9. Transitional credit - revision of the Form TRAN-1 and Form TRAN-2 - The interest of justice would be served if we allow the petitioner to correct Form TRAN-1 in Writ...

  10. The Ministry of Finance, Department of Revenue, issued Notification No. 10/2024-Central Tax amending Notification No. 02/2017-Central Tax. The amendment pertains to the...

  11. Software - Exemption scheme under service tax modified – exemption under central excise and customs withdrawn

  12. Central sale - Cancellation of 'C' Forms - If the selling dealer has after making a diligent enquiry confirmed that on the date of the sale the purchasing dealer held a...

  13. HC quashed assessment order concerning Input Tax Credit (ITC) claims under GST regime. The matter involved interpretation of limitation periods under Section 16(4) and...

  14. Leviability of Tax – Sales tax on Brand name holder & Licensee - Tax u/s 5(2) the Kerala General Sales Tax Act, 1963 – It is the brand name holder, who has to pay tax...

  15. Amendment to Central Goods and Services Tax (CGST) Act, 2017 introduced sub-section (5) in Section 16 regarding input tax credit. Petitioner submitted invoice/debit note...

 

Quick Updates:Latest Updates