<?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>2022 (3) TMI 1625 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=301056</link>
    <description>Under the Central Sales Tax regime, issuance of C and F Forms is governed by the Act and the Rules, and once the prescribed conditions are met the authority must issue them. The State could not require an additional undertaking as a precondition, because no provision in the statutory framework authorised a further condition safeguarding potential future tax liability under a different regime. The Court held that an executive memorandum and the appended undertaking were ultra vires, since administrative instructions cannot add to or alter statutory requirements. The undertaking requirement was therefore unauthorized, and the State could not insist on it before issuing the forms.</description>
    <language>en-us</language>
    <pubDate>Fri, 04 Mar 2022 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 02 Mar 2023 17:57:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=672465" rel="self" type="application/rss+xml"/>
    <item>
      <title>2022 (3) TMI 1625 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301056</link>
      <description>Under the Central Sales Tax regime, issuance of C and F Forms is governed by the Act and the Rules, and once the prescribed conditions are met the authority must issue them. The State could not require an additional undertaking as a precondition, because no provision in the statutory framework authorised a further condition safeguarding potential future tax liability under a different regime. The Court held that an executive memorandum and the appended undertaking were ultra vires, since administrative instructions cannot add to or alter statutory requirements. The undertaking requirement was therefore unauthorized, and the State could not insist on it before issuing the forms.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Fri, 04 Mar 2022 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=301056</guid>
    </item>
  </channel>
</rss>