| Case ID |
5e4f9160-905d-47a1-8c44-f5d8b956a5c3 |
| Body |
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| Case Number |
Appeals Nos. K. Co. ST/2/B/AAC & K Co. T,/3/B/AAC |
| Decision Date |
Apr 01, 1978 |
| Hearing Date |
Aug 06, 1980 |
| Decision |
The Appellate Tribunal for Inland Revenue ruled that the Sales Tax Officer exceeded his jurisdiction by revising the value of excisable goods. The Tribunal emphasized that the Sales Tax Officer should have accepted the declared sale price of the excisable goods as determined by the Central Excise Authority. The Tribunal allowed the appeals and directed the Sales Tax Officer to adopt the value of goods chargeable to excise duty as returned by the assessee for each of the three years in question. |
| Summary |
This case revolves around the appeals filed by K. Co. against the orders passed by the Sales Tax Officer concerning the valuation of goods chargeable with excise duty. The Tribunal highlighted that the Sales Tax Officer improperly revised the sale price of the goods without the necessary authority from the Central Excise Authority. The legal framework governing this case included the Finance Acts of 1955 and 1967, as well as the Central Excises and Salt Act of 1944 and the Sales Tax Act of 1951. The decision underscores the importance of adhering to proper legal procedures and authority in tax assessments, ensuring that the rights of taxpayers are protected. The ruling reinforces the principle that the declared values should be respected unless legally reassessed by the appropriate authorities. Key trends in tax law and excise duty practices are highlighted in this case, making it relevant for ongoing discussions in taxation and legal compliance. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
K. Co.
|
| Judges |
MUHAMMAD MAZHAR ALI,
M. KARIM
|
| Lawyers |
I. N. Pasha,
S.S. Ali Zaidi
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
1980 SLD 115 = 1980 PTD 102
|
| Other Citations |
Not available
|
| Laws Involved |
Finance Act, 1955,
Finance Act, 1967,
Central Excises and Salt Act (I of 1944),
Sales Tax Act (III of 1951)
|
| Sections |
2,
2(16),
3,
4,
2(16),
3
|