HC holds that show cause
notice is mandatory for determining the disputed tax, interest and penalty and
same cannot be collected for 5 years without alleging omission / commission of
willful suppression, fraud, misrepresentation with intent to evade tax as
enumerated under the proviso to Section 73(1) of Finance Act; Notes that
pursuant to audit, the assessee, a cooperative bank, had provisionally paid
CENVAT credit under protest along with interest and penalty; Rejects Revenue’s
plea that no show cause notice is necessary when the assessee has paid tax and
penalty upon ascertainment by Audit Enquiry Officer before service of notice
u/s 73(1) of the Act; Referring to CBEC Instruction dated August 18, 2015 and
provisions of Section 73(3), HC remarks, “extended period of limitation of five
years is available only in cases where the omissions or commissions enumerated
in proviso to Section 73(1) are alleged”; Relying on SC rulings, HC also
quashes levy of penalty stating that show cause notice is mandatory where
Section 78(1) is invoked : Karnataka HC
Subscribe to:
Post Comments (Atom)
Delhi HC: No Deemed Gift Tax on Share Buy-Back at Discount
The Delhi High Court in the case of Globe Capital market has ruled that a company’s buy-back of its own shares cannot be taxed under Section...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
There are certain changes in India's tax rules for TDS on payments made to non-residents. The Income Tax Act, 2025 ('ITA 2025'...
-
Recent judicial pronouncements across different forums have clarified several important aspects of Indian income tax law, particularly relat...
-
Vide Notification issued u/s 139(1), the CBDT has extended the ‘due date’ for filing of returns of income for the Assessment Year 2012-13 ...
-
The transition to the Income-tax Act, 2025 (ITA 2025) and the accompanying Income-tax Rules, 2026 introduces a significantly overhauled co...
No comments:
Post a Comment