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1. M/s. BrahMos Aerospace Private Limited, 2. M/s. BrahMos Aerospaceig Private Limited Branch at DRDL (PJ-10) VS 1. The State of Maharashtra, 2. State of Andhra Pradesh Rep. By its Principal Secretary Revenue Department, 3. State of Telangana represented by the Principal Secretary, Revenue Department, 4. The Commissioner of Sales Tax, 5. The Assistant Commissioner of Sales tax
The Bombay High Court noted that there is a fundamental error, in the understanding of the assessing officer, of the provisions of the Central Sales Tax Act, 1956. The instant Court had to elaborately analyse the provisions only for clearing certain doubts of the authorities, particularly in the State of Maharashtra. They have failed to notice the salient features of the Central Sales Tax Act, 1956. The understanding of the assessing officer that it is the movement of finished goods, which would be the determining and conclusive factor is legally flawed. It is untenable, inasmuch as the presumption that all the decided cases speak about and dealt with movement of finished goods from one State to another and not semi finished goods. It is this erroneous presumption that has resulted in a conclusion completely vitiated in law. There is non application of mind to very crucial and relevant factors, which govern the applicability of the Central Sales Tax Act to the inter- State trade and commerce. As such, the writ petition succeeded.  10-Jan-2017 read more
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