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2018 (3) TMI 1484

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....er: Archana Wadhwa The short question involved in the present appeal is as to whether the portion of sales tax collected by the appellant on sale of goods and payable under deferred payment scheme but not paid to State Government due to availment of facility under advance payment of deferred tax scheme at Net Present Value, provided by State Government, can be considered to be an additional consi....

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....f limitation by submitting that the period involved is from 2004 to 2005 whereas the show-cause notice stand issued on 15.02.2008 by invoking longer period of limitation. He submits that prior to the decision of the Hon'ble Supreme Court referred (supra), Tribunal's decision was in favour of the assessee. As such, he submits that there being no suppression and mis-statement on the part of ....

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....hat when the earlier view of the authorities is in favour of the assessee which is subsequently over-ruled by the higher forum, it has to be held that the issue was entangled in judicial battle for quite some time and hazy picture was clarified subsequently. In such a scenario, the assessee's decision of following the judgement which was in favour of the assessee, prevailing during the relevan....