INDEX to Note regarding VAT assessments
being made in the case of Rice Exporters
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Column No
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Summary
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1.1
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The department
is quoting case of Khushi Ram Behari Lal for taxing closing stock which is
irrelevant and not applicable. Haryana Tax Tribunal has already held in the
case of KRBL Ltd that closing stock of paddy for export can not be taxed.
There is no section in Punjab Vat Act, 2005 wherein closing stock of a
continuing dealer can be taxed.
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1.2
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The department
is taking stand that each year is an independent year and therefore closing
stock has to be taxed. Such words are not there in the law and this intention
is against the rules of interpretation. Further Indirect tax laws are
different in concept from Direct Tax laws due to constitutional provisions. |
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Friday, 28 June 2013
ISSUES IN ASSESSMENT OF RICE EXPORTERS
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