Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
The HC held that solar cells do not fall within the statutory description of "all kinds of dry cells/batteries" and thus are not taxable as dry cells under the impugned entry. The Tribunal's conflation of solar cells with dry cells was factually and legally erroneous, given distinct modes of operation and the separate treatment in the notification. Further, as a second-stage dealer the petitioner was not liable to discharge tax under the proviso to Section 18 where he had furnished the prescribed declaration form from his purchasers and could not compel the vendor to pay tax; the revenue's demand was impermissible and the petition was allowed.
The HC held that solar cells do not fall within the statutory description of "all kinds of dry cells/batteries" and thus are not taxable as dry cells under the impugned entry. The Tribunal's conflation of solar cells with dry cells was factually and legally erroneous, given distinct modes of operation and the separate treatment in the notification. Further, as a second-stage dealer the petitioner was not liable to discharge tax under the proviso to Section 18 where he had furnished the prescribed declaration form from his purchasers and could not compel the vendor to pay tax; the revenue's demand was impermissible and the petition was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4784
Join Channel
TaxTMI 
