Excise
& Taxation department issued the instructions on the issue of exemption
from payment of advance tax vide Memo No VAT-1/1042-44 dated 31.12.2014 and the
judgement delivered in the case of Ayappa
Infra Projects Pvt. Ltd., Jalandhar
HIGH COURT OF
PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition
No.19835 of 2014
Date of Order:
12.12.2014
Ayappa Infra
Projects Pvt. Ltd., Jalandhar
Versus
The State of Punjab
and others
CORAM: HON’BLE MR. JUSTICE RAJIVE
BHALLA
HON’BLE MR. JUSTICE B.S.WALIA
RAJIVE BHALLA, J (Oral)
The petitioner primarily contends
that a person whose TDS is being deducted, cannot
be called upon to pay advance tax in lieu of liability with respect to VAT.
Counsel for the State of Punjab
submits on instructions that the Government is in the process of clarifying that a person whose TDS is being
deducted cannot be called upon to pay advance tax in lieu of liability with
respect to VAT.