GST – GST Law and Procedure – 253 – Various Aspect of Taxability – Taxable event (Levy), Quantification of tax, Collection of tax etc. A taxable event is that which on its occurrence creates the liability to tax, which liability does not exist at a later point of time. Even though the taxable event of a tax happens to be at a particular point of time, the levy and collection of such tax may be postponed, for administrative convenience, to a later date. – Goodyear India Ltd. v. State of Haryana [1989 (10) TMI 52 – SUPREME Court] [two member bench] In the Goodyear India Ltd. (supra), Apex Court has said that, "It is well-settled that the main test for determining the taxable event is that on the happening of which the charge is affixed.
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– SUPREME Court] was dissented by the 3 member bench in the case of, Hotel Balaji Versus State of Andhra Pradesh [1992 (10) TMI 240 – SUPREME COURT OF INDIA], the basic principle as stated above was not touched upon. Further, 3 member bench of apex court in the case of State of Kerala v. Alex George [2004 (11) TMI 104 – SUPREME Court] decided the issue following the principle of taxable event as decided in the case of Goodyear India Ltd. v. State of Haryana [1989 (10) TMI 52 – SUPREME Court] [two member bench] Also see an important Decision by 5 member bench of the Supreme Court in the case of Godfrey Phillips India Ltd. and another Versus State of UP. and others (and other writ petitions and appeals) [2005 (1) TMI 391 – SUPREME COURT OF I
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