Inventory write-off and fraudulent/wrongful trading allegations in corporate insolvency led to director liability principles applied and appeal dismis...
Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Whether certain construction equipment (dumpers, loaders, excavators, dozers, drills, rock breakers etc.) qualify as "motor vehicles" under Section 2(28) and are taxable: the Court held the definition is bifurcated-an inclusive limb (mechanically propelled vehicles adapted for roads) and an explicit exclusion (vehicles of a special type adapted for use only in a factory or enclosed premises). Because the machines were adapted and used essentially within enclosed/factory premises they fall within the exclusion and are not taxable under Entry 57, List II or Schedule I to the Gujarat Tax Act. If such equipment is actually used on roads, statutory registration, tax liability and penal consequences may follow. Impugned HC orders set aside; appeal allowed. - SC
Whether certain construction equipment (dumpers, loaders, excavators, dozers, drills, rock breakers etc.) qualify as "motor vehicles" under Section 2(28) and are taxable: the Court held the definition is bifurcated-an inclusive limb (mechanically propelled vehicles adapted for roads) and an explicit exclusion (vehicles of a special type adapted for use only in a factory or enclosed premises). Because the machines were adapted and used essentially within enclosed/factory premises they fall within the exclusion and are not taxable under Entry 57, List II or Schedule I to the Gujarat Tax Act. If such equipment is actually used on roads, statutory registration, tax liability and penal consequences may follow. Impugned HC orders set aside; appeal allowed. - SC
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