Risk-based selective vessel boarding requires accurate declarations and preserves master and agent liability where physical inspections are not select...
Permanent-establishment reassessment cannot revisit scrutinised disclosures; extended reopening fails without undisclosed material facts and within st...
Modified returns after business reorganisation must be assessed within pending proceedings, barring parallel scrutiny and consequential transfer prici...
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The High Court considered the issue of deemed sale u/s 2(40) of the Uttarakhand Value Added Tax Act, 2005, upholding the assessment by the Assistant Commissioner. The net turnover calculation u/s Rule 15(2) allows deductions for specified amounts. Citing M/S. K.P. MOZIKA case, the Supreme Court clarified that providing vehicles for transport doesn't constitute transfer of right to use goods. Referring to STATE OF ANDHRA PRADESH case, it emphasized that contracts not involving transfer of right to use goods aren't subject to VAT. The Tribunal erred in treating transactions as deemed sale. Therefore, deduction for driver's salary, cleaner, and fuel costs is not applicable, as the transaction wasn't taxable. Revision was allowed.
The High Court considered the issue of deemed sale u/s 2(40) of the Uttarakhand Value Added Tax Act, 2005, upholding the assessment by the Assistant Commissioner. The net turnover calculation u/s Rule 15(2) allows deductions for specified amounts. Citing M/S. K.P. MOZIKA case, the Supreme Court clarified that providing vehicles for transport doesn't constitute transfer of right to use goods. Referring to STATE OF ANDHRA PRADESH case, it emphasized that contracts not involving transfer of right to use goods aren't subject to VAT. The Tribunal erred in treating transactions as deemed sale. Therefore, deduction for driver's salary, cleaner, and fuel costs is not applicable, as the transaction wasn't taxable. Revision was allowed.
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