2018 (3) TMI 1484

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....Commr (AR) - for Respondent ORDER Per: 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, ....

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....ocate assails the impugned order on the point of 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 n....

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....pra) the Hon'ble Supreme Court has observed that 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 favo....