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)
Identifying a Drafting Error in GST Amnesty Provisions
Provision Regarding Amnesty Scheme Section 128A was introduced into the Central Goods and Services Tax (CGST) Act by the Finance Act, 2024,...
-
In this article, for the benefit of our reader’s we have come up with detailed FAQ on procedures of issuance, requirement of Form 15CA an...
-
1. Situation I. Tax Department Summons An employee received a summons from the tax department demanding an explanation for failing to discl...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Many of us rely on home loans to purchase residential property, but are you fully aware of how tax laws impact your financial strategy? Unde...
-
Summary of the relevant updates is provided below for ease of your reference: A) Proposals relating to GST law, Compliances an...
-
Particulars Singapore Hong Kong Corporate Tax rate 17% 16.5%. Numb...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
No comments:
Post a Comment