2016 (8) TMI 1296

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...."(i)   Whether the ld. Tribunal has erred in law in declaring the sale of DEPB licenses, made by Chandigarh Head Office of Petitioner outside the Punjab State, as sales made in Punjab State merely because the DEPB licences were received on account of sale proceeds made for the goods manufactured in Punjab State?           If the answer to the said Question is in negative : (ii)    Whether such proceeds of sales on account of DEPB licences, earned on account of sales of cotton yarn exported outside India, is to be set off, from the exemption limit, given in Exemption Certificate issued under the PGST (D&E) Rules, 1991? (iii)   Whether on the facts and ci....

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....action of sale of DEPB from Chandigarh office of the petitioner-company to the buyers located in different States, not in Punjab, suo motu notice under Section 21 of the Act was issued on 8-1-2008 seeking to reassess the tax on the same under the Act. It was duly replied to by the petitioner raising the issue of jurisdiction of the Commissioner to bring the transaction to tax, inter alia, on the ground that the goods were not taxable under the provisions of the Act and secondly, the transaction was in the course of inter-State trade from Chandigarh. Despite these facts the revisional authority ignoring the provisions of the Act as well as the settled principles of law, levied the tax. The order was upheld by the Tribunal in revision filed b....