Articles by Amit Bajaj

Works contractors are also eligible for advance VAT exemption - P&H High Court

Amit Bajaj 09 January 2015 at 11:05

The Punjab & Haryana High Court in CWP 19835 of 2014 Ayyappa Infra Projects Pvt Ltd vs State of Punjab has directed the State of Punjab to issue clarification to the effect that works contractors are also eligible for exemption from advance VAT

Amendment in assessment under Punjab VAT Act, 2005

Amit Bajaj 10 November 2014 at 10:50

Now a days It is seen that the Excise and Taxation Department, Punjab has started issuing notices for amendment in assessment in many cases. These notices are being issued ussualy on the basis of audit objections received from State CAG or sometimes

No penalty can be levied merely on the basis of provisional assessment

Amit Bajaj 07 October 2014 at 10:36

Rajasthan High Court in a very important case namely ACTO vs Jain Hardware Stores has held that no penalty can be levied in the provisional assessment as for leving penalty definite findings and conclusions and many things have to be proved, therefor

Reasoned orders and principle of fairness in administrative actions-a need of the hour

Amit Bajaj 29 July 2014 at 12:13

It is the general tendency of the adminstrative authorities more so of the tax authorities to pass non-speaking orders or to pass orders in violation of principle of fairness and rules of natural justice, without giving any opportunity of being heard

Deductor to be deemed as assesee in deafult only in respect of actual tax liability of Non-Resident

Amit Bajaj 04 July 2014 at 11:35

CBDT in its instruction No. 2/2014 [F No. 500/33/2013-FTD-l], Dated 26-02-2014 issued in view of the judicial develpments in the cases of GE India Technology P Ltd. vs CIT [2010] 7 taxmann.com and Transmission corporation of AP Ltd v. CIT [1999] 105

Disallowance of input tax credit on the ground that seller is bogus or cancelled dealer- Part II

Amit Bajaj 18 June 2014 at 12:09

Another situation which in many of the cases under the Punjab VAT, which dealers are facing is the disallowance of input tax credit on the ground that the registration of seller of the goods has been cancelled or normally it is stated in the assessme

Disallowance of input tax credit on the ground that seller is bogus or cancelled dealer

Amit Bajaj 11 June 2014 at 11:29

The system of VAT was introduced in the sales tax law to bring more transparency, efficiency, to remove tax cascading etc. The difficulties which may arise in any system comes to picture only when the system is practically implemented. One of the ma

Constitutional validity of section 39-A of Punjab VAT Act, 2005

Amit Bajaj 20 May 2014 at 11:29

As per section 39A of Punjab VAT Act, 2005, the Punjab VAT Refund Fund has been constituted and the amount of tax collected as Advance Tax under Section 6(7) shall be credited directly into the said Fund. It has been provided that the Fund shall be m

Input Tax Credit w.e.f 1st April under Punjab VAT Act, 2005

Amit Bajaj 01 May 2014 at 11:25

Input tax credit is a concession granted by the State Government against the output tax liability on the sale or purchase of goods within the State jurisdiction. To avail such concession one has to fullfill the conditions imposed by the statue subjec

Restriction of ITC on iron and steel under Punjab VAT

Amit Bajaj 01 March 2014 at 12:50

I had prepeared representation on behalf of Iron and steel industry in Punjab, which has been filed with the Punjab Government for withdrawl of latest notification dated 01.02.2014 regarding restriction of input tax credit on iron and steel goods to