Permanent-establishment reassessment cannot revisit scrutinised disclosures; extended reopening fails without undisclosed material facts and within st...
Modified returns after business reorganisation must be assessed within pending proceedings, barring parallel scrutiny and consequential transfer prici...
Turnover mismatches under percentage-completion accounting cannot alone establish suppressed income where customer advances remain recorded as liabili...
Interest for delayed tax payment under Section 30(2) arises only where tax remains unpaid by the due date fixed under the Act or rules. For a taxpayer entitled to file six-monthly MVAT returns based on the preceding year's undisputed tax liability, that return periodicity determines the payment due date. Turnover, perceived legislative intent, unjust enrichment, or alleged colourable tax planning cannot alter that statutory position. An interest levy imposed contrary to this framework lacks statutory authority. Where no statutory appeal lies against an interest demand, writ jurisdiction remains available; the separate credit-note mismatch challenge was not pursued.
Interest for delayed tax payment under Section 30(2) arises only where tax remains unpaid by the due date fixed under the Act or rules. For a taxpayer entitled to file six-monthly MVAT returns based on the preceding year's undisputed tax liability, that return periodicity determines the payment due date. Turnover, perceived legislative intent, unjust enrichment, or alleged colourable tax planning cannot alter that statutory position. An interest levy imposed contrary to this framework lacks statutory authority. Where no statutory appeal lies against an interest demand, writ jurisdiction remains available; the separate credit-note mismatch challenge was not pursued.
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TaxTMI 
TaxTMI 
of 4883 
