<?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>2003 (2) TMI 439 - ALLAHABAD HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=161337</link>
    <description>Cash security required for issuance of form XXXI must bear a reasonable nexus with the tax likely to be payable and cannot be fixed arbitrarily. The Court noted that section 8-C(3) caps security at the tax payable, reinforcing that security under section 8-C(3-A) must be based on a rational estimate of liability. A demand fixed only by reference to the highest quality of stone ballast, without grading the commodity or assessing the actual tax likely to arise, was unreasonable. Freight separately charged should also be excluded from the basis for cash security. The circular was quashed as violative of Article 14, and the security was directed to be re-fixed on a rational basis.</description>
    <language>en-us</language>
    <pubDate>Fri, 07 Feb 2003 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 15 Jan 2014 18:46:34 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=342771" rel="self" type="application/rss+xml"/>
    <item>
      <title>2003 (2) TMI 439 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=161337</link>
      <description>Cash security required for issuance of form XXXI must bear a reasonable nexus with the tax likely to be payable and cannot be fixed arbitrarily. The Court noted that section 8-C(3) caps security at the tax payable, reinforcing that security under section 8-C(3-A) must be based on a rational estimate of liability. A demand fixed only by reference to the highest quality of stone ballast, without grading the commodity or assessing the actual tax likely to arise, was unreasonable. Freight separately charged should also be excluded from the basis for cash security. The circular was quashed as violative of Article 14, and the security was directed to be re-fixed on a rational basis.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Fri, 07 Feb 2003 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=161337</guid>
    </item>
  </channel>
</rss>