https://www.taxtmi.com/caselaws?id=347249 Section 52 of the Gujarat Value Added Tax Act, 2003 was upheld as a valid State taxing provision under the doctrine of pith and substance because its deeming fiction operated only for VAT purposes to prevent tax evasion and did not alter the legal effect of amalgamation under the Companies Act. The Court found no direct encroachment on the Union field relating to incorporation, regulation and winding up of companies, and any incidental overlap was permissible. Show cause notices for tax liability arising from transactions after the appointed date of amalgamation were also held valid, as the taxable events had accrued under the VAT regime and the liabilities were transferable to the amalgamated company under the scheme. en-us Fri, 04 Aug 2017 00:00:00 +0530 Fri, 01 Sep 2017 10:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=347249 Section 52 of the Gujarat Value Added Tax Act, 2003 was upheld as a valid State taxing provision under the doctrine of pith and substance because its deeming fiction operated only for VAT purposes to prevent tax evasion and did not alter the legal effect of amalgamation under the Companies Act. The Court found no direct encroachment on the Union field relating to incorporation, regulation and winding up of companies, and any incidental overlap was permissible. Show cause notices for tax liability arising from transactions after the appointed date of amalgamation were also held valid, as the taxable events had accrued under the VAT regime and the liabilities were transferable to the amalgamated company under the scheme. Case-Laws VAT and Sales Tax Fri, 04 Aug 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=347249