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    Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
    Director liability for company tax dues requires statutory inquiry, with the Director proving absence of negligence or misconduct.
    Secured creditor priority under the RDB Act overrides subsequent VAT charges on land bought through bank auction.
    High-seas sale proof and conditional exemption compliance determined taxability of imported cars and restoration of tax liability.
    Suppressed turnover based on unreconciled inspection stock survives revised-return disclosure, with reduced estimated additions and penalty sustained.
    Secured creditor priority defeats State tax encumbrances, protecting SARFAESI auction purchasers from subsequent recovery against purchased assets.
    Retrospective sugar exemption restriction upheld, but penalty excluded and interest limited to the lawful reassessment demand
    Declared goods input tax credit cannot be curtailed contrary to constitutional and CST protections in inter-State resale.
    Secured Creditor Priority Over State Tax Dues Prevails Despite First Charge Claim and Unregistered Encumbrance
    Statutory first charge prevails over SARFAESI priority, and CST dues may be recovered through State machinery.
    Exemption for soya flour denied as it fell outside cereal and pulse flour categories
    Common parlance test classifies embossed gold coins as articles of gold, not bullion for sales tax
    Forgery and cheating in fiscal dispute held unsustainable; absence of authorship proof and inception deception led to quashing
    Quashing of criminal proceedings fails where fiscal records and witness material disclose a prima facie case of deception and fraud.
    Director liability for tax dues requires prior disclosure of gross negligence allegations before bank attachment can stand.
    Proof of service is essential before bank account attachment; assessment orders were required to be freshly served.
    Inter-State sale requires prior contract of sale; post-agreement transfers were treated as consignment sales, not taxable sales.
    Stock transfer, not inter-State sale, depends on prior contract of sale and depot-level appropriation of goods.
    Inter-State sale of natural gas through a common carrier pipeline was confirmed, defeating Uttar Pradesh VAT jurisdiction.
    Statutory remedy and natural justice govern disputed certificate liability, with interim stay of unexecuted arrest warrant.
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      VAT / Sales Tax

      High-seas sale treatment requires proof that title passed before...

      High-seas sale proof and conditional exemption compliance determined taxability of imported cars and restoration of tax liability.

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      VAT / Sales TaxJuly 20, 2026Case LawsHC
      High-seas sale treatment requires proof that title passed before goods crossed the customs frontier; invoices raised after entry into India, a Tamil Nadu factory address, and customs duty paid by the dealer did not establish such sales. The imported-car transactions were therefore taxable under the TNGST Act. The G.O.Ms.No.381 exemption required goods purchased against declaration to be used for the stated manufacturing purpose. Failure to correlate purchases with exports or prove declared use triggered tax liability, and compounding fees could not replace that consequence. The Tribunal could correct the appellate misapplication of the exemption despite no departmental appeal.

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      ActsIncome Tax