<?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 1054 - HIMACHAL PRADESH HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=420016</link>
    <description>A deferred-payment incentive scheme for industrial units cannot be treated as presumptive tax or lump-sum composition for the purpose of denying input tax credit, because the statutory bar applies only where the selling dealer has actually opted for the specific regimes under the Act. The HC noted that the deferment scheme under Section 62(5) operates separately from presumptive taxation and composition, and the record did not show election of either regime by the selling dealer. On that basis, the partial withholding of refund was unsustainable, and interest was payable on the delayed release of the withheld amount.</description>
    <language>en-us</language>
    <pubDate>Tue, 22 Mar 2022 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 25 Mar 2022 08:34:53 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=673821" rel="self" type="application/rss+xml"/>
    <item>
      <title>2022 (3) TMI 1054 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=420016</link>
      <description>A deferred-payment incentive scheme for industrial units cannot be treated as presumptive tax or lump-sum composition for the purpose of denying input tax credit, because the statutory bar applies only where the selling dealer has actually opted for the specific regimes under the Act. The HC noted that the deferment scheme under Section 62(5) operates separately from presumptive taxation and composition, and the record did not show election of either regime by the selling dealer. On that basis, the partial withholding of refund was unsustainable, and interest was payable on the delayed release of the withheld amount.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Tue, 22 Mar 2022 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=420016</guid>
    </item>
  </channel>
</rss>