SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Raj) 1372

SAMEER JAIN
Shreepati Computers, Through its Branch Manager Shri Mahendra Pareek – Appellant
Versus
Assistant Commissioner, Commercial Taxes Department, Anti Evasion Zone-1, Jaipur – Respondent


Advocates Appeared:
For the Petitioner: Mr. Alkesh Sharma with Mr. Ayush Sharma, Mr. Vikram Kumar Gogra, Mr. Dinesh Kumar.
For the Respondent: Mr. Punit Singhvi with Mr. Ayush Singh, Mr. Tanmay Mangal and Mr. Ajay Singh Rathore, Mr. Shantnu Jugtawat with Mr. Nagendra Singh Adha.

ORDER :

1. The present Sales Tax Revisions / References (for short "STRs"), filed under Section 84 of the Rajasthan Value Added Tax Act, 2003 (for short "RVAT Act"), were admitted on following questions of law :

    In STR No. 14/2022 and in STR Nos. 17-21/2022:

“(a) Whether under the facts and circumstances of the present case, the Rajasthan Tax Board, Ajmer was justified in ignoring the fact that the assessment order passed by the respondent Assistant Commissioner under Section 25 of Rajasthan Value Added Tax Act, 2003 was passed merely on a change of opinion and there was no reason to believe that the petitioner has avoided or evaded tax or has not paid tax in accordance with law or has availed input tax credit wrongly?

(b) Whether under the facts and circumstances of the present case, the Rajasthan Tax Board, Ajmer was justified in ignoring/overlooking the fact that Memory Cards are IT products covered under Entry No.3 of Part A of Entry 65 of Schedule IV of the Rajasthan Value Added Tax Act, 2003 which provides for levy of VAT at the rate of 5 per cent on ‘Computer system and peri

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top