Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
HC rejected applicant's reference application under Chhattisgarh Value Added Sales Tax Act, 2005. Applicant failed to produce mandatory Form 3 for eight years to discharge burden of proof regarding sub-contractor's tax payment on turnover. Court held that reference jurisdiction is purely advisory and consultative, requiring substantial question of law under Section 55(2). Payment of tax by sub-contractor remained disputed question of fact, not law, as Form 3 was not produced within statutory timeframe. No statutory duty exists compelling Department to grant indefinite extensions for Form 3 submission. Absence of Form 3 negated double taxation concerns. Court distinguished between questions of fact versus law, concluding no legal question arose warranting HC's adjudication in reference proceedings.
HC rejected applicant's reference application under Chhattisgarh Value Added Sales Tax Act, 2005. Applicant failed to produce mandatory Form 3 for eight years to discharge burden of proof regarding sub-contractor's tax payment on turnover. Court held that reference jurisdiction is purely advisory and consultative, requiring substantial question of law under Section 55(2). Payment of tax by sub-contractor remained disputed question of fact, not law, as Form 3 was not produced within statutory timeframe. No statutory duty exists compelling Department to grant indefinite extensions for Form 3 submission. Absence of Form 3 negated double taxation concerns. Court distinguished between questions of fact versus law, concluding no legal question arose warranting HC's adjudication in reference proceedings.
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TaxTMI 
TaxTMI 
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