Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: articles on VAT and GST in India :: list of goods taxed at 4% :: VAT RATES :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: TDS :: TAX RATES - GOODS TAXABLE @ 4% :: Central Excise rule to resale the machines to a new company :: form 3cd :: ARTICLES ON INPUT TAX CREDIT IN VAT :: VAT Audit :: empanelment :: due date for vat payment :: cpt :: ACCOUNTING STANDARDS :: ACCOUNTING STANDARD
 
 
News Headlines »
 E-filing ITR: Govt's income tax website or private websites?
 Income-tax (17th Amendment) Rules, 2017
 GST: One nation, one market, one tax
 Ready or not, businesses brace for biggest-ever tax reform
 Ready or not, businesses brace for biggest-ever tax reform
 Make your inventory and invoicing software GST Ready from Binarysoft
 Filing income-tax returns gets simpler for salaried persons
 Ten rules you must follow while filing income tax returns
 Reforming the income tax tribunal
 How the new system might impact consumers and businesses
 10 ways you get benefited from filing your tax return

`Dealer to be penalised for violating sales tax norms'
November, 24th 2006

The Madras High Court has ruled that penalty for contravention of TN General Sales Tax Act, 1959 and availing of concessional rate of tax (against Form XVII) should be imposed on purchaser of the goods and not on seller.

The First Bench, consisting of Chief Justice Mr A.P. Shah and Mr Justice K. Chandru, who heard a writ appeal from a Coimbatore firm challenging the order of a single judge upholding the assessment order of Commercial Tax Officer, Coimbatore, imposing penalty, said that a reading of Section 3(3) of the Act would establish that seller was not made liable for wrong declaration under Form XVII by purchasing dealer.

The appellant-assessee was a dealer in machinery spares. Though the assessing authority had accepted turnover reported by appellant and also mentioned that purchases were covered by proper bills, the authority rejected turnover relating to concessional rate of tax against Form XVII.

This was assessed at 12 per cent on grounds that the purchaser had not bought the goods for use in manufacture of other goods. Consequently, the assessing authority assessed tax and imposed penalty under Section 12(3)(b) of Act.

The appellant contended that as purchasing dealer had contravened condition of Form XVII, tax and penalty could be imposed only against purchasing dealer and not against appellant who was selling dealer.

The Court has held that the manner in which the purchaser had dealt with goods was not concern of the seller and liability could be fastened only upon purchasing dealer and not seller.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Article Management Solutions System Article Management Software S

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions