This exemption is subject to the conditions set out in this Notification all of which have been fulfilled by Page 17 of 90 S. An illustrative copy of a credit note issued by the Petitioner in favour of its sister concern is marked and annexed as Exhibit “9”. Shah learned counsel for the petitioners submits that the petitioners be given some time to file appeals. At both stages, namely in issuing the notice and thereafter during assessment, the principles of natural justice have to be followed. To entertain a challenge at the present stage would, besides being premature, be wholly inappropriate, particularly having regard to the material which has been revealed thus far during the course of investigation. This enabled a credit note of significant value to be issued to our client which removed the majority of the input tax cost. Therefore, read with the substantive provision, the statement of objects and reasons so also the Notification in question, it is apparent that there is an exemption with regard to sales at retail outlets of motor spirit.

In the present case, the goods are appropriated of its quantity and loaded on the tanker trucks. At the end of every year dealers with a turn over of more than Rs. Upon receipt of such orders, in turn, the Petitioners approached the oil companies and placed their orders in order to meet and satisfy the commitments. The possession and custody of the tug in question, even after the agreement was entered into, continued with the appellant. In the very first year of the business the turn over of the three dealers was Rs. That the sale is in territorial waters and which belongs to the Union is the argument.

With accurate and timely presentation our case was fully prepared in good time for the hearing. As stated in Atiyah supra and Benjamin suprathe same principle will be equally applicable in relation to sale of unascertained or future goods.

He sums up his arguments on this point as follows: The barges have pumps fitted on it with a flow meter in order to pump out the HSD to the vessel. In that regard our attention is invited to grounds at page 23 under this head.

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It is aggrieved by such action that the Writ Petition was filed and in which a declaration was claimed that the provisions of the Syudy Act do not extend to the territorial waters of India situate adjacent to the landmass to the State of Karnataka and, therefore, the appellant is not liable to get itself registered under section 10 of the KST Act and also not liable to tax on the hire charges received from the NMPT.


High speed diesel is not only used in filling as fuel but having multiple industrial, commercial and domestic uses, such as in house generators of electricity, in boilers, humidifiers, etc.

No such action has been taken by Parliament with respect to the territorial waters. Atudy the present case, while placing order to the oil company, the goods are in bulk with oil companies and from where required quantity is to be separated and delivered. That part of order from the paper book at page 54 reads as under: In the very first year of the business the turn over of the three dealers was Rs.

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For these reasons we do not consider it appropriate studj proper to exercise the extraordinary writ jurisdiction of this Court under Article of the Constitution. It is stated that the outgoing shipping vessel places an inquiry for the required quantity of HSD with the Petitioner.

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The term “motor spirit” is also defined and it would include one of the Petitioners’ product, namely, high speed diesel [see section 2 15A ] whereas the word “Petroleum products” is defined in section 2 17 A of the MVAT Act.

In the event of an ITC mismatch report, an enquiry is initiated in which the dealer is given an opportunity to substantiate his ITC claim by producing documentary evidence.

Leighton and other entities similarly placed. Deductions syudy correctly claimed, tax has been calculated at the proper rates, set off has been correctly claimed and the deemed tax in respect of the said period has been Page 56 of 90 S. This inclusion is not even held to be ultra vires or challenged by the Union. This position is settled by following judgments:.

Therefore, at the time of making of the contract of sale with Petitioners’ customers, such goods would Page 35 of 90 S. When Government has chosen to exempt only those sales which are through retail outlet, it cannot be justified to reach any thing beyond what is provided in Notification to mvah the scope.


– Restaurant,etc. Case Study-2

Raj Shipping shall pay to Leighton the difference of any payments made to Raj Shipping which exceeds the amount tsudy prior to termination.

In pursuance of the same, the Petitioners is covered by the notifications issued under Section 41 4 of the Maharashtra Value Added Tax Act The failure on part of the the vendor to file proper returns cannot, according to the petitioner, be a ground for effecting a disallowance of set off from the purchaser. British Columbia has no legislative jurisdiction wtudy the lands in question are outside its boundaries. This enabled a credit note of significant value to be issued to our client which removed the majority of the input tax cost.

We were asked to negotiate with contractors carrying out the work and HMRC who had formed an incorrect opinion on the work being carried out on the property. Hence, territorial waters are part of the States. We accept this statement. Our attention is invited to the said Notification in great details and it is submitted that the Petitioners are not liable to pay any additional tax as alleged by the Respondents on account of sales of stkdy speed diesel at retail outlet.

A company runs a very successful ,vat mail order company selling sporting goods.

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The statement of Vishal Shah was also recorded during the course of investigation and he too stated that he did not possess any books of account of the alleged companies. They also requested to lift the above attachment for Kotak Mahindra Bank Account.

The complexity was added to by the location of the stuudy, its relationship to parts of an existing site, the rules for listed buildings, rules for fire escapes and other ingress and egress issues, historical use, the intended use of parts of the new building, shared areas and connection to other existing buildings.

Sridharan’s submissions concern the legality of the levy. The relevant paragraph of the judgment is as follows:.

This sale is complete and irreversible.