SIGN IN SUBSCRIBE

News Update

Govt scraps ban on export of onionFormer Delhi Congress chief Arvinder Singh Lovely joins BJP with three moreUS Nurse convicted of killing 17 patients - 700 yrs of jail-term awardedGST - Payment of pre-deposit through Form GST DRC-03 instead of the prescribed Form APL-01 - Petitioner attributes it to technical glitches - Respondent is the proper authority to decide the question of fact: HC2nd Session of India-Nigeria Joint Trade Committee held in AbujaGST - Since SCN is bereft of any details and suffers from infirmities that go to the root of the cause, SCN is quashed and set aside: HC1717 candidates to contest elections in phase 4 of Lok Sabha ElectionsGST - Once Appellate Authority comes to the conclusion that SCN was issued by an officer who was not competent; reply was also considered by an incompetent authority and the Competent Authority had not applied its independent mind, Appellate Authority could not have assumed original jurisdiction and proceeded further with the matter: HC7th India-Indonesia Joint Defence Cooperation Committee meeting held in New DelhiGST - Neither the Show Cause Notice nor the order spell out the reasons for retrospective cancellation of registration, therefore, the same cannot be sustained: HCMining sector registers record production in FY 2023-24GST - If the proper officer was of the view that the reply is unclear and unsatisfactory, he could have sought further details by providing such opportunity - Having failed to do so, order cannot be sustained - Matter remanded: HCAnother quake of 6.0 magnitude rocks Philippines; No damage reported so farI-T - Initial burden of proof rested on assessee to substantiate his claim of having incurred expenditure on improvement of property: ITATTrade ban: Israel hits back against Turkey with counter-measuresI-T - Agricultural income can be treated by ITO as undisclosed income in absence of any substantial / corroborative material to prove same: ITATCanada arrests three persons in alleged killing of Sikh separatistI-T - Income from sale of property has to be classified & characterised only in manner of computation as per section 45(2): ITATCus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATGirl students advised by Pak college to keep away from political events
 
CST - Error apparent - If interstate sale not covered by Form C, tax rate to be equivalent to VAT rate applicable in particular State - Interstate sale without Form C - Application of wrong rate by grouping all items - Application for rectification not considered - Department directed to consider it: HC

By TIOL News Service

CHENNAI, APR 30, 2014: THE petitioner is a manufacturer of petroleum products like Bitumen, Hexane Slack wax etc., and filed returns for CST for assessment year 2007-08. The respondent passed assessment order dated 04.07.2012. On a perusal of the order, the petitioner found certain errors apparent on the face of the assessment order. In the assessment order, the respondent grouped interstate sale transactions of all the petroleum products without Form C and assessed the total turnover at 30%, even though the petitioner gave details of sales of individual items with name of each of the commodities sold. Whereas the respondent erroneously grouped the entire list of commodities under the nomenclature petroleum products and assessed the entire turnover to tax at 30% which is applicable for sale of petrol and not for other petroleum products like bitumen, Hexane slack wax etc.,. The petitioner then filed rectification application under Section 84 of the TNVAT Act, 2006 and sought for rectification of the error. However, despite repeated reminders the respondent did not pass any order on the rectification application and the petitioner filed Writ Petition praying for quashing the assessment order as arbitrary and illegal and to direct the respondent to consider the representation for rectification.

As per Section 8 of the CST act, if an interstate sales transaction is not covered by Form C, then the rate of tax would be equivalent to the rate of VAT applicable for the commodity in the particular state. Therefore, when the petitioner did not submit form C the respondent ought to have charged the respective rate of VAT for each of the commodities. Whereas, the respondent grouped the entire turnover and charged it to tax at 30%.

The High Court recorded the submission made by the respondent that under Section 84 of the TNVAT Act, 2006, read with Section 9(2) of the CST Act, 1956, rectification sought for by the petitioner has to be considered by the respondent as there is an error in the impugned order.

In the light of the above and considering the facts and circumstances and submissions made by the counsel for petitioner and counsel for the respondent, the High Court directed the respondent to consider the rectification application and pass appropriate orders in accordance with law.

(See 2014-TIOL-598-HC-MAD-CT)


POST YOUR COMMENTS
   

TIOL Tube Latest

TIOL Tube
Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.

TOP NEWS

AR not Afar by SK Rahman

VISION 360



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.

TII LATEST

TIOLCORPLAWS LATEST