Central Excise – Determination of Valuation – Issue concerning the applicability of Section 4 or Section 4A of the Central Excise Act for the goods sold by the respondent – Tribunal’s decision set aside by the Supreme Court – Section 4A applies when there is a statutory requirement to declare retail sale price on the package – HDPE bags sold by the respondent to...
Taxation Law - Imposition of Higher Tax Rate - Judicial Review - The petitioners challenged the demand for higher tax by the State of Punjab after an initial reduction in the tax rate per draw. The court held that the State can lawfully collect tax only at the rate notified under the Act, and any tax collected beyond the notified amount is without legislative authority and illegal. The demand for ...
Octroi Duty – Valuation Methodology – Petitioner challenges the levy of octroi based on MRP less ad hoc deductions as per Rule 2(7)(b) of Octroi Rules, 1965 – Argument that determination should be based on invoice value under Rule 2(7)(a) – Court finds Petitioner's protest against levy from 2001 and subsequent Small Causes Court appeals favoring Petitioner’s conte...
Taxation Law – VAT and Taxable Turnover – Appeal concerning the computation of taxable turnover under the Gujarat Value Added Tax Act, 2003 (GVAT Act) – Dispute over whether VAT paid and purchases on which no tax credit was claimed should be included in the taxable turnover – High Court and Tribunal ruled in favor of excluding these amounts – Supreme Court affirmed th...
Customs Duty – Redemption of Confiscated Goods – Whether customs duty is payable when confiscated goods are redeemed after payment of fine under Section 125 of the Customs Act – Held, duty liability arises upon exercise of option to pay fine for redemption – Duty must be assessed under Section 28 – Interest on delayed payment under Section 28AB applicable – [Par...
Income Tax Act - Motor Vehicles Act - Deduction of TDS on Interest – Revision petitions challenging orders directing the insurance company to deposit the deducted amount of TDS on compensation interest – Held, if interest on compensation is paid prior to June 1, 2015, insurance company must pay TDS amount to claimants and seek refund from Income Tax authorities – If interest paid...
GST Law - Detention of Goods – Writ Petition – Alleged tax evasion due to minor discrepancy in quantity of copper goods in transit – Invoice and e-way bill showed 10430.7 kg, actual weight 10520 kg – Discrepancy less than 1% – Tax already paid Rs.12,76,717.68 – Claimed evasion Rs.11,000 – Petitioner offered to pay additional tax and penalty – Court f...
Constitutional Law – Detention of Goods under CGST Act, 2017 – Release of detained goods under Articles 226 and 227 – Challenge against order of Assistant Commissioner detaining goods under Section 129 of CGST Act, 2017 – Authorities' power to check goods in transit when accompanied by valid documents – Investigation report relied upon to initiate proceedings unde...
Land Acquisition Act, 1894/2013 - Sections 23(1A), 23(2), and 28 - Compulsory Acquisition - Interest and Additional Compensation - Held, in compulsory acquisition, an appreciation price at 12% per annum from the date of notification is payable. Decree holder entitled to benefits under Sections 23(1A), 23(2), and 28. [Para 11]
Arrears Paid in Installments - Interest Calculation - Analy...
Tax Legislation – Interpretation – Constitutionality – Petitioner challenged the upper limit of Rs. 5 Crore for disputed tax under Section 9(a)(i) of VSV Act as arbitrary and violative of Article 14 of the Constitution – Supreme Court precedents affirmed that tax laws should be strictly construed and the legislative domain should be respected – The Court held that fix...