TaxTMI Login
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%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether, after the amendment of Section 8(5) of the Central Sales Tax Act, 1956, the higher rate of tax payable on inter-State sales made without production of forms C/D could be denied set-off against the monetary limit granted under Section 4A of the U.P. Trade Tax Act, 1948.
Analysis: The amendment to Section 8(5) of the Central Sales Tax Act, 1956 restricted the benefit of reduced rate of tax for inter-State sales not supported by forms C/D, but it did not alter the quantum of exemption or tax benefit available under the eligibility certificate issued under Section 4A of the U.P. Trade Tax Act, 1948. The rate of tax payable on a transaction and the monetary limit of exemption available to the industrial unit operate in different fields. Non-production of forms C/D may deny the reduced rate, but it does not render the transaction illegal or void, nor does it justify forfeiture of the set-off available under the eligibility certificate, subject to the yearly and overall limits fixed therein.
Conclusion: The higher rate of tax payable for non-production of forms C/D could not be used to deny set-off against the exemption limit under Section 4A of the U.P. Trade Tax Act, 1948. The challenge succeeded in part in favour of the assessee.
TaxTMI 
