Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
HC held that, pursuant to the 101st Constitutional Amendment and enforcement of the U.P. GST Act, 2017, the State Legislature lacks legislative competence to levy advertisement tax under the impugned municipal bye-laws. Relying on a co-ordinate Bench decision, which had already declared similar advertisement tax provisions ultra vires Article 265 of the Constitution, the U.P. Municipalities Act, 1916 and the U.P. GST Act, 2017, the HC reaffirmed that the concerned bye-laws are without statutory authority. Consequently, the impugned demand notice and consequential recovery certificate seeking advertisement tax for the period 13.02.2018 to 12.02.2019 were quashed. The writ petition filed by the assessee was allowed in entirety.
HC held that, pursuant to the 101st Constitutional Amendment and enforcement of the U.P. GST Act, 2017, the State Legislature lacks legislative competence to levy advertisement tax under the impugned municipal bye-laws. Relying on a co-ordinate Bench decision, which had already declared similar advertisement tax provisions ultra vires Article 265 of the Constitution, the U.P. Municipalities Act, 1916 and the U.P. GST Act, 2017, the HC reaffirmed that the concerned bye-laws are without statutory authority. Consequently, the impugned demand notice and consequential recovery certificate seeking advertisement tax for the period 13.02.2018 to 12.02.2019 were quashed. The writ petition filed by the assessee was allowed in entirety.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
