<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1991 (4) TMI 395 - WEST BENGAL TAXATION TRIBUNAL</title>
    <link>https://www.taxtmi.com/caselaws?id=156829</link>
    <description>The Tribunal addressed whether recovery proceedings over assessed sales tax and interest involved the Supreme Court&#039;s exclusive original jurisdiction under Article 131, and held they did not because the dispute was not between the Union and a State in their constitutional capacities. It also treated a government depot selling notified goods brought into West Bengal for consideration as a dealer under section 2(b), with profit motive irrelevant, and held section 2(ccc) inapplicable to earlier assessment periods. The challenge to interest under section 8A failed because it operated as a special tax-recovery provision, and Article 285(1) gave no immunity from sales tax, which is an indirect tax on sale transactions.</description>
    <language>en-us</language>
    <pubDate>Fri, 19 Apr 1991 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 25 Sep 2013 14:05:39 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=173855" rel="self" type="application/rss+xml"/>
    <item>
      <title>1991 (4) TMI 395 - WEST BENGAL TAXATION TRIBUNAL</title>
      <link>https://www.taxtmi.com/caselaws?id=156829</link>
      <description>The Tribunal addressed whether recovery proceedings over assessed sales tax and interest involved the Supreme Court&#039;s exclusive original jurisdiction under Article 131, and held they did not because the dispute was not between the Union and a State in their constitutional capacities. It also treated a government depot selling notified goods brought into West Bengal for consideration as a dealer under section 2(b), with profit motive irrelevant, and held section 2(ccc) inapplicable to earlier assessment periods. The challenge to interest under section 8A failed because it operated as a special tax-recovery provision, and Article 285(1) gave no immunity from sales tax, which is an indirect tax on sale transactions.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Fri, 19 Apr 1991 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=156829</guid>
    </item>
  </channel>
</rss>