CST & VAT : Uttar Pradesh VAT - Where Assessing Authority made assessment relying upon judgment of Supreme Court in case of State of Andhra Pradesh v. Kone Elevators (India) Ltd.[2005] taxmann.com 1542 and raised tax demand upon assessee, since said judgment had now been overruled by Supreme Court in another case, assessee was entitled to complete stay of demand amount
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[2015] 59 taxmann.com 458 (Allahabad)
HIGH COURT OF ALLAHABAD
Otis Elevators Company (India) Ltd.
v.
Commissioner of Commercial Taxes, U.P. Lucknow*
ANIL KUMAR, J.
TRADE TAX REVISION NO. 46 OF 2015†
JULY 3, 2015
Section 55, read with section 57, of the Uttar Pradesh Value Added Tax Act, 2008 - Appeals, revision, etc. - Appeal - Assessment year 2009-10 - Assessee was engaged in business of supplying of parts and components of lifts and elevators in offices, etc. - Assessing Authority relying on judgment of Supreme Court rendered in case of State of Andhra Pradesh v. Kone Elevators (India) Ltd. [2005] taxmann.com 1542 treated transaction in question as sale and raised tax demand upon assessee - First Appellate Authority stayed demand to extent of 50 per cent - Tribunal modified order of First Appellate Authority and granted stay to extent of 80 per cent of total demand - Whether since earlier judgment of Supreme Court in Kone Elevators (India) Ltd.'s case (supra) had now been overruled by Constitution Bench of Supreme Court in Kone Elevator India (P.) Ltd. v. State of Tamil Nadu [2014] 45 taxmann.com 150, assessee was entitled to complete stay of demand amount - Held, yes [Para 13] [In favour of assessee]
■■■
[2015] 59 taxmann.com 458 (Allahabad)
HIGH COURT OF ALLAHABAD
Otis Elevators Company (India) Ltd.
v.
Commissioner of Commercial Taxes, U.P. Lucknow*
ANIL KUMAR, J.
TRADE TAX REVISION NO. 46 OF 2015†
JULY 3, 2015
Section 55, read with section 57, of the Uttar Pradesh Value Added Tax Act, 2008 - Appeals, revision, etc. - Appeal - Assessment year 2009-10 - Assessee was engaged in business of supplying of parts and components of lifts and elevators in offices, etc. - Assessing Authority relying on judgment of Supreme Court rendered in case of State of Andhra Pradesh v. Kone Elevators (India) Ltd. [2005] taxmann.com 1542 treated transaction in question as sale and raised tax demand upon assessee - First Appellate Authority stayed demand to extent of 50 per cent - Tribunal modified order of First Appellate Authority and granted stay to extent of 80 per cent of total demand - Whether since earlier judgment of Supreme Court in Kone Elevators (India) Ltd.'s case (supra) had now been overruled by Constitution Bench of Supreme Court in Kone Elevator India (P.) Ltd. v. State of Tamil Nadu [2014] 45 taxmann.com 150, assessee was entitled to complete stay of demand amount - Held, yes [Para 13] [In favour of assessee]
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