2012 (9) TMI 906

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....-assessee the Maharashtra Sales Tax Tribunal has referred the following questions for the opinion of this court: (i) Whether, on the facts and under the circumstances of the case, the Tribunal was justified in holding that while calculating notional sales tax liability as defined in the Package Scheme of Incentives, 1983, the purchases on form BC are to be considered for calculating N.S.T.L. as p....

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....tion of N.S.T.L. in the said scheme the set-off under rule 42AC was required to be added as benefit enjoyed by the applicant? As regards the questions (i), (ii) and (iv) are concerned, counsel for the parties states that the said questions stand concluded in favour of the assessee and against the Revenue by the decision of this court in the case of Prasad Power Control Pvt. Limited v. Commissione....

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....ober 1, 1995 and hence, no additional tax would be leviable on such sales. Although no appeal was filed by the Revenue against the aforesaid decision, in the appeal filed by the assessee on some other issues, the Tribunal by its order dated October 5, 2002, held that since the assessee was covered by 1983 Package Scheme of Incentives and got the benefit under notification issued under section 41 o....