https://www.taxtmi.com/caselaws?id=393684 Trade discounts and incentives cannot be treated as sales by deeming fiction unless they fall within the constitutional and statutory concept of sale. The Jharkhand HC held that Section 9(5) of the Jharkhand Value Added Tax Act, 2005 went beyond the State's taxing power by enlarging the meaning of sale for VAT purposes, despite those transactions not constituting sales under the Sale of Goods Act, 1930 or the limited deemed sales covered by Article 366(29A) of the Constitution. The provision was therefore beyond legislative competence, ultra vires Article 246(1), and invalid. en-us Thu, 19 Mar 2020 00:00:00 +0530 Wed, 06 Nov 2024 13:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=393684 Trade discounts and incentives cannot be treated as sales by deeming fiction unless they fall within the constitutional and statutory concept of sale. The Jharkhand HC held that Section 9(5) of the Jharkhand Value Added Tax Act, 2005 went beyond the State's taxing power by enlarging the meaning of sale for VAT purposes, despite those transactions not constituting sales under the Sale of Goods Act, 1930 or the limited deemed sales covered by Article 366(29A) of the Constitution. The provision was therefore beyond legislative competence, ultra vires Article 246(1), and invalid. Case-Laws VAT / Sales Tax Thu, 19 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=393684