Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
Section 11(6) of the VAT Act cannot be read as authorising a State to curtail reimbursement of tax on declared goods in a manner inconsistent with Article 286(3) of the Constitution and section 15(b) of the CST Act. The Gujarat HC, following Hides and Skin Owners Seva Mandal, treated Kadwani Forge Ltd. as sub silentio on transactions where goods purchased and sold were both declared goods. The notification was therefore upheld in general, but held inapplicable to declared goods such as coke bought within the State and resold in inter-State trade and commerce, requiring full input tax credit and rendering the show cause notice unsustainable.
Section 11(6) of the VAT Act cannot be read as authorising a State to curtail reimbursement of tax on declared goods in a manner inconsistent with Article 286(3) of the Constitution and section 15(b) of the CST Act. The Gujarat HC, following Hides and Skin Owners Seva Mandal, treated Kadwani Forge Ltd. as sub silentio on transactions where goods purchased and sold were both declared goods. The notification was therefore upheld in general, but held inapplicable to declared goods such as coke bought within the State and resold in inter-State trade and commerce, requiring full input tax credit and rendering the show cause notice unsustainable.
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