2020 (7) TMI 673

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on 4(8) of the Telangana VAT Act, 2005 read with Section 2(28) Explanation (iv) as being violative of Articles 14, 19(1)(g) and 245 of the Constitution of India apart from it being ultra-vires to Entry 54 of List II of the VII Schedule of the Constitution of India, and in the alternative, petitioner has also sought a declaration that Section 65(105)(O) of the Finance Act, 1994 as ultra-virus to Entry 54 of List II of the VII Schedule to Article 14 and Articles 19(1)(g) and 245 of the Constitution of India. In addition, petitioner has also challenged Audit Assessment Proceedings dt.13.03.2020 passed by the 1st respondent for the tax period 2013-14 to 2016-17 levying tax under Section 4(8) of the Telangana VAT Act, 2005 without considering th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....2020 stating that a perusal of the Annual Profit & Loss Account filed for the above years revealed that the petitioner had shown substantial payment towards Hire Charges for the vehicles leased and that the petitioner did not explain in its reply as to what the revenue receipts represent, i.e., whether they relate to lease of vehicles or transportation charges collected from the passengers, if it claims as a bus operator. 8. Petitioner was again afforded an opportunity of personal hearing by 1st respondent on 30.01.2020. Nothing was heard from the 1st respondent thereafter and on 13.03.2020, the impugned order was passed confirming the proposed levy of tax under the Telangana VAT Act for the tax period 2013-14 to 2017-18. 9. Petition....