Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2009 (11) TMI 827

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....court was made by K.A. PUJ J.-The petitioner has filed this petition under article 226 of the Constitution of india challenging the vires of section 6A of the Central Sales Tax Act, 1956 to the extent that it makes it obligatory on the dealer to produce valid form F issued from the booklet obtained from the prescribed authority, failing which a deeming fiction is created that the transaction woul....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r to prove without producing valid form F by other evidence that the transactions were consignment transactions and not inter-State sales. However, by virtue of the said amendment, it is now not open for the dealer to do so. He has also submitted that this question of vires of the amendment made in section 6A has to be decided by the court. Mr. Kaji further pointed out the decision of the apex co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d not be gone into by this court in view of the peculiar facts of the case, as the tax appeal is already decided against the petitioner. Moreover, as per the submission of Mr. Kaji, the petitioner has already moved a review petition in the Tax Appeal on the basis of the decision of the apex court in the case of Ambica Steels Ltd. [2009] 24 VST 356. He has further submitted that against the order o....