TaxTMI 
TaxTMI 
2022 (9) TMI 4
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.... ORDER Heard on the question of admission and interim relief. The appellant has filed the present appeal u/s. 53(2)(b) of the M.P. VAT Act, 2002 against the order dated 8.4.2022 passed by M.P. Commercial Tax Appellate Board, Bhopal whereby the appeal has been dismissed and the order dated 27.1.2016 passed by the Assessing Authority and order dated 28.2.2017 passed by the appellate authority have been affirmed. 2. This appeal is related to the period of assessment from 1.4.2013 to 31.3.2014 pertaining to Entry Tax. The facts of the case, in short, are as under : 3. The appellant is a Private Limited Company registered under the provisions of the Companies Act, 1956 (now 2013) and is engaged in the business of manufacture and sale of lub....
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....nd of Rs.8,52,01,907/- being a difference in two values i.e. stock transfer price and the value determined based on ELP. 6. The Assessing Officer vide order dated 27.1.2016 has rejected the said contention and upheld the levy of the Entry Tax based on the stock transfer price and demanded an additional demand of Rs.18,76,782/- which included interest charge u/s. 18(4) (a) of the Act. 7. Being aggrieved by the aforesaid order, the appellant preferred a first appeal before the first appellate authority, Dy. Commissioner, Commercial Tax, Indore. Vide order dated 28.2.2017 the first appellate authority has dismissed the appeal affirming the order passed by the Assessing Officer. Being aggrieved by the aforesaid order of the first appellate au....
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....ssion of this appeal on the substantial question of law, as proposed in this appeal. 9. Shri Umesh Gajankush, learned Addl. Advocate General appearing for the respondent/State, opposed the aforesaid submissions by submitting that the ELP is not defined either in Entry Tax Act or in VAT Act, therefore, all the authorities have rightly denied the claim of the appellant. Hence, no interference is called for. The issue raised in this appeal is no more res integra as the Division Bench of this Court in the case of Commissioner of Sales Tax, M.P. V/s. Hindustan Steel Ltd., Gwalior reported in 2015 (27) STJ 530 has already held that the Entry Tax is payable on the point of entry i.e. price declared at the time of the entry of the goods in the loc....
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....be treated as the value of goods. The appellant has shown the value of the goods in Form F at the time of the entry of the goods into the local area. 11. Section 2(h) defines "taxable market value" about goods specified in Schedule-II or Schedule-III. Section 2(i) defines "taxable purchase value" about goods specified in Schedule II or Schedule-III and Section 2(i) defines "taxable quantum" according to which, in relation to a dealer, the value would be the aggregate of the 'taxable purchase value' and the 'taxable market value. 12. As per Section 3(a), entry tax is leviable on an entry in the course of business of a dealer of goods specified in Schedule-II, into each local area for consumption, use or sale therein and such tax shall be p....
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....ds in the market. Section 3 clearly provides the incidence of taxation and according to which, on the entry in the course of business of a dealer of goods specified in Schedule-II, there shall be a levy of entry tax. In Form F the appellant has declared the price of the goods which has rightly been considered by the taxing authorities for the purposes of levy of entry tax which is the value of the goods as per the definition given in Section 2(l). 14. Section 2(s) of VAT Act defines "purchase price" and according to which, it shall comprise of the amount payable by a dealer as valuable consideration for the purchase of goods 'simpliciter'. As per Section 4 of the Entry Tax Act, the entry tax payable by the dealer under this Act sha....