- Originally, Sr. No. 49 of Sch A declared “Sugar and Khandsari “tax
free
-
Later by Notification dated 5-11-2007, following
amendmends were made:
a)In Sch B (@4% increased to 5% and
later increased to 5.5%), following entry was made: Sr. No. 152: Sugar imported
from outside state of Punjab except levy sugar
b) Notification
dated 5-11-2007, at the same time replaced S.No. 49 of Schedule A with the
words “Sugar manufactured in the state of Punjab ,
levy sugar and khandsari ”
-
However Punjab and
Haryana High Court declared this amendmend
discriminatory and struck down
entry 152 of Sch B vide its order dated 13-8-2008 in case of Nand Kishore &
Company in 11 STM 124
- Later vide notification dated 24-07-2012,
the entry 49 not replaced even after
High Court
verdict and still containing the words “Sugar manufactured in the state
of Punjab , levy sugar and khandsari ” was omitted and new
entry no. 169 was
inserted in Sch
B “ Sugar and Khandsari” thus making it taxable.
-
Now again vide notification dated 3-9-2012, Entry no.
169 of Sch B has been omitted and in Sch A (containing tax free items)new entry
no. 80 inserted as “ Sugar and Khandsari”
- Hence sugar is taxable during the period
25-07-2012 to 3-09-2012
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