Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether a purchasing dealer selling vegetable ghee at the subsequent stage was entitled to claim deduction or exemption under section 18 of the Haryana General Sales Tax Act, 1973 on furnishing the prescribed ST-14 declaration, and whether the non-payment of tax by the first seller could be fastened on the purchasing dealer.
Analysis: Section 18 required the subsequent seller to furnish, in the prescribed form and manner, a certificate signed by the registered seller from whom the goods were purchased, to the effect that tax on the goods had been paid at the first stage. Once that statutory certificate was furnished, no further obligation rested on the subsequent seller to verify actual payment by the first seller. The liability for any false declaration or non-payment remained with the selling dealer, and not with the purchasing dealer who had complied with the prescribed conditions. The reasoning was supported by the view that the purpose of the prescribed form would be defeated if the buyer were required to investigate whether the first seller had in fact remitted the tax.
Conclusion: The furnishing of ST-14 constituted sufficient compliance with section 18, and the subsequent purchaser could not be denied the benefit merely because the first seller had not deposited the tax.